• Legally valid title over property

A mother acquired title over property through gift deed. Her two sons divided the property through panchnama batwara during the life time of mother .Do the sons acquire legally valid title over the property ,if not , what is the solution ?
Asked 1 year ago in Property Law from Patna, Bihar
Religion: Hindu
1) once gift deed is executed mother becomes absolute owner of the property 

2) mother can execute deed of family settlement for division of property among her 2 sons 

3) sons cannot unilaterally divide property among themselves
Ajay Sethi
Advocate, Mumbai
23353 Answers
1222 Consultations
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1) deed  of family settlement  would require to be stamped and registered

2)According to Section 17 of the Indian Registration Act, a family settlement that purports to assign immovable property must be mandatorily registered or the deed would be invalid. A stamp duty is applicable on such deeds and the amount would depend on the value of the property involved.
Ajay Sethi
Advocate, Mumbai
23353 Answers
1222 Consultations
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Family deed of settlement if put into writing is very much valid. The family settlement deed need not be registered in certain conditions.
So without seeing the deed itself it is difficult to advise.
The family settlement deed if conforms the oral partition made on previous date need not be registered.

Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
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Mother is the absolute owner of the property when she obtained the same vide Gift deed. If the mother decided to create a settlement deed between two son then only they can get a valid title over the property and it should be registered. 
Ajay N S
Advocate, Ernakulam
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19 Consultations
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Your mother can execute settlement deed or gift deed or sale deed .Creating a settlement deed is best choice. 
Ajay N S
Advocate, Ernakulam
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19 Consultations
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Yes, she can transfer it by way of registered deed of settlement.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
What is the legal validity of panchnama batwara or family settlement ?
It is the decision of the mother to do the family settlement in favor of her two sons.  But such settlement deeds are to  be registered properly with the jurisdictional registrar's office.


Is the registration compulsory for family settlement ?
Any mode of conveyance of the immovable property has to be registered except a Will deed, which is optional.



Will the registration of Deed of family settle ment vide which mother divides her separate property among her son's validly transfer the property ? Or else , the only way ,the mother can transfer her interest in separate property is by gift or sale ?
Registered settlement deed executed by your mother on her two sons is a valid document, no need for a gift or sale deed. 
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
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1)mother can transfer her property by executing gift deed or sale deed 

2)  in the alternative  she can also execute deed of family settlement 
Ajay Sethi
Advocate, Mumbai
23353 Answers
1222 Consultations
5.0 on 5.0
1. No. the mother is the owner of her property during her life time,

2. Her sons can not acquire title on the said property legally by dividing he same  when she is alive with out her written consent in the form of registered Gift Deed, Partition Deed or Deed of Settlement.

3. If she is alive, she can execute and register a settlement deed or Gift Deed in favour of her sons to legalise such division amongst her sons.  
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
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1. With out getting a conveyance deed registered, no transfer of property is legally valid as per Indian Registration Act,

2. Hence, the said panchnama for batwara  or settlement deed which has not been registered is legally invalid.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
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1. Any document/deed transferring the title of the property is required to be registered,

2. Without registration, such deed is not valid legally.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
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1. The mother can execute and register either settlement deed or gift deed dividing her property in favour of her sons,

2. Both the Deeds are valid abd legally conveys the title of the divided property to her sons.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
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1. The mother owned the property during her lifetime to the exclusion of everyone else. Unless she made a gift deed or transferred the property to her sons through any other mode of transfer of property the latter did not acquire the title to the property.

2. A family settlement is required to be registered, failing which it is enforceable at law.

3. Once the deed is registered it will convey the property to her sons. The mother may also cancel the family settlement to execute a gift deed. 
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
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