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
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 3 years ago in Civil Law
10 Answers
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.
In some judgements i heard if it is decided in presence of elders,court will consider the judgement given by elders even if it is not registered. In telugu words it is called MUTCHALIKA.
Asked 3 years ago
Deed of family settlement for division of property requires registration
memorandum of family arrangement even if un registered would be admissible in evidence
Yes you can file case, also you can make the elders your witnesses.
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.
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.
Yes you can file a suit in the said case even with unregistered agreement and seek specific relief
Mutchalika is valid if witnesses to that are alive, so file a case if witness is alive to corroborate the document before the court.
- 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
Better u seek the detailed consultation by disclosing complete details in this case, so that exactly can be suggested to do .
