• Disputing settlement accepted and decided by elders

My uncle and myself have 51% and 49% shares in a indian oil outlet dealership.since i am land owner .
we had disputes between both of us which we got settled in presence of elders and taken his signatures along with elders.He is supposed to vaccate and handover pocession after certain period.But unforunately he expired.the above settlement is unregistered.Now his legal heirs are not listening settlement done by elders and disputing the issue.can i file to court basing elders unregistered settlement?
Asked 10 days ago in Civil Law

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10 Answers

Deed of family settlement is required to be stamped and registered to be admissible in evidence 

 

court may refuse to grant you reliefs based on unregistered settlement deed 

Ajay Sethi
Advocate, Mumbai
79344 Answers
4746 Consultations

5.0 on 5.0

It appears the licence was granted to both of you individual names. 

If that is so then on his death licence would devolve upon his legal heirs unless otherwise held by the licence. 

This is if the licence is held by the firm. 

Devajyoti Barman
Advocate, Kolkata
21685 Answers
311 Consultations

5.0 on 5.0

Deed of family settlement for division of property requires registration 

 

memorandum of family arrangement even if un registered would be admissible in evidence 

Ajay Sethi
Advocate, Mumbai
79344 Answers
4746 Consultations

5.0 on 5.0

Yes you can file case, also you can make the elders your witnesses.

Sanjeev Gupta
Advocate, East Delhi
88 Answers
1 Consultation

5.0 on 5.0

The unregistered settlement deed is not enforceable in law.

Hence your law suit based on the unregistered settlement deed may not be maintainable.

However you can file a suit for partition  and produce this unregistered settlement deed as documentary evidence before court to support your claim.

If the court is directing you to pay stamp duty towards the unregistered settlement deed, you can pay the same and bring it as a legally valid document to enforce the conditions as per the settlement deed.

 

T Kalaiselvan
Advocate, Vellore
69355 Answers
929 Consultations

5.0 on 5.0

Mutchalika is document relied upon when the disputed parties are in fray over the subject matter and it can be produced as documentary evidence to prove the claims made by the parties concerned.

However you should understand the difference, that the mutchalika is nor enforceable in law  and similarly the unregistered settlement deed cannot be enforced in court of law, it can be construed as a documentary evidence for your claim which you may have to make it by filing a suitable suit to claim your rights.

 

T Kalaiselvan
Advocate, Vellore
69355 Answers
929 Consultations

5.0 on 5.0

Yes you can file a suit in the said case even with unregistered agreement and seek specific relief

Prashant Nayak
Advocate, Mumbai
22447 Answers
49 Consultations

4.4 on 5.0

Mutchalika is valid if witnesses to that are alive, so file a case if witness is alive to corroborate the document before the court.

Koshal Kumar Vatsa
Advocate, Gurgaon
2240 Answers
3 Consultations

5.0 on 5.0

- As per Supreme Court Judgement, there is no such validation given to such oral agreements. 

- In regard to land matters only registered document which is properly validated and registered at the District authority (Revenue) will be considered as valid rest all shall be considered invalid.

 

Regards

 

Vivek Arya

Vivek Arya
Advocate, Gurgaon
717 Answers
6 Consultations

5.0 on 5.0

Better u seek the detailed consultation by disclosing complete details in this case, so that exactly can be suggested to do . 

 

Mohammed Mujeeb
Advocate, Hyderabad
18942 Answers
11 Consultations

4.5 on 5.0

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