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

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.

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.

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.

Your mother can execute settlement deed or gift deed or sale deed .Creating a settlement deed is best choice.

Yes, she can transfer it by way of registered deed of settlement.

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.

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

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.

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.

1. Any document/deed transferring the title of the property is required to be registered,

2. Without registration, such deed is not valid legally.

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.

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.