• House purchase

Hello sir..we purchased a house in 2011.owner passed away in 2010..his legal heirs 3 members.third guy passed away 2010 and a settlement was done among them.wife of the third guy allotted a house with three scents.In a notary document she mentioned that she will not claim any property of the owner and signed.we registered the document in 2011..If that lady claims a part in our home now,is it it valid??she has two minor children.
Asked 1 year ago in Property Law from ooty, Tamil Nadu
Religion: Hindu
No such notarized document can transfer or relinquish one's share in the property. This is the law of the land and no GO can supersede this law.
So the lady still has share in the property and later can claim her share.
So you better settle with her now or run the future risk.
Devajyoti Barman
Advocate, Kolkata
5131 Answers
54 Consultations
4.9 on 5.0
1) deed of family settlement for division of properties ought to be duly stamped and registered 

2) document which is not stamped and registered is inadmissible in evidence 

3) it is necessary to peruse of deed of settlement to advise further 

4) you have not mentioned whether house was self acquired or ancestral property of original owner 

Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
Hi, The lady  and minor children has 1/3rd share in the property which you have purchased.

2. She can't release her right by way of Notary Affidavit it has to be Registered by way of release deed or relinquish deed.

3. Transfer of Property Act clearly says that any immovable property  transaction if it is more than Rupees 100 it has to be conveyed by way of registered document.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
Sorry I couldn't agree with your lawyer. Rests I have already advised. Best of luck.
Devajyoti Barman
Advocate, Kolkata
5131 Answers
54 Consultations
4.9 on 5.0
1) registration of deed of family settlement is mandatory if it provides for division of property 

2) even deed of relinquishment needs to be stamped and regd 
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
The notorised copy is not sufficient for the transfer of shares or relinquishment of share. A relinquishment deed duly stamped and registered is is mandatory.She and her minor children s have 1/3rd share in the whole property .Even though you can use notorised document as evidence in a case if lodged in future 

Settle the matter amicably . 

NO Go is applicable in present situation 
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
1. A mere notarized document is not an instrument of assignment, creation or transfer of rights in a property. A relinquishment deed or family settlement had to be executed by this lady. 

2. If the document is a mere notarized document and is not registered then she challenge the sale deed as illegal in the court. On the contrary, if the document is a relinquishment deed then it can be challenged by her only on the ground that she signed it under duress.

Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0
Hello sir..we purchased a house in 2011.owner passed away in 2010..his legal heirs 3 members.third guy passed away 2010 and a settlement was done among them.wife of the third guy allotted a house with three scents.In a notary document she mentioned that she will not claim any property of the owner and signed.we registered the document in 2011..If that lady claims a part in our home now,is it it valid??she has two minor children.
The owner reportedly died intestate so all his legal heirs including legal heirs of pre-deceased heir are entitled to a legitimate share in the intestate properties.   Moreover the deceased son is survived by two minor children, the interest of minor children in the property  is protected by law, nobody can sell their property without the permission of appropriate court of law. The widow is reported to have been allotted with a property on the basis of notarised document which is not valid in the eyes of law hence is she is coming out with her own grievance and also for a partition and possession of her due share in the intestate property, your property will be affected. 
Try to do some rectification work now itself. 
T Kalaiselvan
Advocate, Vellore
13902 Answers
127 Consultations
5.0 on 5.0
Any G.O regarding the notary document registration of above 100 rupees after 2013 in tamilnadu???
Why do you want to ask this, and what is that you want to clarify by this.  Transfer of property through a Notarised document is not valid in the eyes of law.  





That third son wife mentiomed in that notary document that she will not claim this property which we purchased in the year 2011. My lawyer says that the notary document should be registered only after the law passed in 2013..so that lady couldn't claim anything.Is there any such law passed??the lady which signed in notary public is valid now??will there be any problem in future?
It is a good suggestion made your advocate, you can get the notarised document registered by paying the stamp duty, which may rectify your current problem. 
T Kalaiselvan
Advocate, Vellore
13902 Answers
127 Consultations
5.0 on 5.0

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