Request for legal advice for a small family dispute as mentioned below.
About 15-yrs. back, my father-in-law executed a Family-Arrangement-Deed, in the name of his 4-daughters for settling his one ground of approved land in Chennai. This Deed was signed(by the 4-daughters) in front of a Notary Public, and he(Notary Public) told us that the registration of this Deed is not required and hence we didn't register the same at that time.
Based on the above Deed, the 4-daughters constructed 4-flats in that land, after getting
the CMDA approval, Planning Permit etc. and they have been enjoying 1-flat each for the past 15-years.
Now one of the sister wants to make a Settlement Deed for her flat, in favour of her another sister and register the same.
But the concerned Sub-Registrar is telling that the Unregistered Family Arrangement
Deed is INVALID NOW, and it has to be registered again. Then only, this settlement Deed can be registered, he says.
My father-in-law is alive now(very aged). I would be very thankful to you, if you kindly clarify the following points:-
1) Whether the same old Family-Arrangement-Deed can to be registered now?
2) Whether we have to make a new Family-Arrangement-Deed and register it?
3) Suppose if the father-in-law is now alive now, then what we we can do now?
4) What are the options available now for registering the Settlement Deed?
Expecting an early reply Sir. Thanks.
--B.C.Angarai, Chennai. E-mail: email@example.com
Asked in Family Law from Chennai, Tamil Nadu
If your father in law is alive it is better to make anew deed and register it as there is no difference in the stamp duty and registration.