• Unregistered family settlement and registered last will

Family Chart
My Grandfather buy the two houses and shops in his lifetime.
(A)Two Uncle	
(B)My father and Youngest Uncle	
(C)Grandmother(Sole owner after Grandfather’s death) and Father’s two Sisters

In 1989 there was a Unregistered Family settlement done between A,B and C. Family settlement was on 10 Rs Notary Stamp…
My Grandfather had two houses and two shops…
According to settlement one house and one shop will be given to A and other One shop and One house to B…and My Grandmother will live with B.
A and B will give daily and other living expenses to Grandmother and in case they refuse to do the same she can go to court for obtaining the expenses.
The name of C will be removed from revenue record of Houses and Shops…
A and B will respectively update their name in revenue record according to settlement.
A had removed names of B and C from revenue record and tax department (Municipal office) and Updated their name (so called-Dakhil-Kharij)
B does not update their name in the revenue record and tax department (Municipal Office) and names of A,B,C continues on records…
In 2002 My father (B) had expired and My Youngest Uncle(B) refused to give expenses to grandmother.. as per settlement. His behavior becomes unbearable to My Grandmother so my mother I looks after my Grandmother in her old day….
In 2009 my grandmother had made will stating that her 1/3 share in second house in which B and Grandmother living exists as per Law of Succession after her husband death and she made a WILL in which she gave her 1/3 share to my mother who is already 1/3 owner of house after my father’s death…so according to WILL now my mother have 2/3 share on house and my uncle have its 1/3 share…
WILL have NOC from (A) and my father’s both sister’s duly registered in Sub-registrar office .
2011 my Grandmother expired and I did all the funeral ceremony and my uncle didn’t take part in that…after my Grandmother death we had Updated my mother and our names in Revenue record and in tax department (municipal Office) (Dhakhil Khareej) .
Now my uncle is claiming ½  share in the house stating that according to settlement Grandmother already agreed to remove her name from the House and she had only right to claim her daily expenses. My uncle refused to agree on her Last WILL and files a case against my mother and me….
Sir, please advice me what to do and should we get 2/3 share according to WILL or WILL is bogus as per settlement. 
Grandmother had made the WILL as she was the sole owner of the property and even after settlement My father and Uncle didn't removed her name from revenue records.
In the present all name of (A), My youngest uncle(B) and my father two sisters(C) and my mother and my names exists in revenue record of the house.
Asked 2 years ago in Family Law from Varanasi, Uttar Pradesh
Religion: Hindu
Hi, when settlement deed is unregistered then it can't be a valid documents in the eyes of the law and you can't act according to settlement deed and you have to prove the will  before the court through one witness.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
Hi, when court held that it is a genuine  will the property will be  go according  to will.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
1) deed of family settlement is under stamped , not registered and not admissible in evidence . 

2) if deed of family settlement for division of property was made in 1989 it had to be registered within maximum period of 8 months 

3) mere mutation of name in revenue records does not confer or extinguish any legal title to your uncle or father  

4) on your grand father death your grand mother , your father and uncle each had 1/3rd share in properties standing in grand father name ( you have stated that your 2 aunts dont want any share in property and have given NOC . better get relinquishment deed  signed  by aunts ) 

5) your grand mother could bequeath her 1/3rd share by will . 

6) since your uncle is  disputing the will you will have to apply for probate of the will .
Ajay Sethi
Advocate, Mumbai
23155 Answers
1216 Consultations
5.0 on 5.0
as mentioned earlier mere NOC wont suffice . your 2 aunts have to execute deed of relinquishment wherein they relinquish  1/5th  share , title interest in your grand father properties .

relinquishment deed has to be duly stamped and registered .
Ajay Sethi
Advocate, Mumbai
23155 Answers
1216 Consultations
5.0 on 5.0
According to settlement one house and one shop will be given to A and other One shop and One house to B,then subsequent transfer of property by your grandmother to your mother will be null and void in eye of law since as per settlement your grandmother released her preexisting right and title in the property.

Thanking you,
Subash M R
Advocate, Bangalore
176 Answers
8 Consultations
3.6 on 5.0
Dear Client,
There is no limitation for the registration of family settlement.
Mohammad Khaleel Ahmed
Advocate, Hyderabad
184 Answers
1 Consultations
3.9 on 5.0
1. How did your grand father acquire the property in question? Were funds from some joint family property or business also used by him to acquire the property?

2. The family settlement made in 1989 cannot take effect as it has not been stamped. The notarial stamp does not suffice, the stamp duty should have paid thereon. Mere change of name in the revenue records does not create, emasculate or abrogate any legal rights.

3. Since the family settlement of 1989 is not valid your grand mother, father, uncle and two aunts had an equal share i.e 1/5th share in the property of your grand father in respect of which he made no will during his life time.

4. There is no mention in your query as to whether your sisters made a relinquishment deed to relinquish their share in the property. If the deed was not made they can cull out their equal share even now.

5. Your grand mother could have made the will in view of the fact that the settlement of 1989 is not valid. 

6. You should apply for probate of the will and contest on merits the case filed by your uncle.
Ashish Davessar
Advocate, Jaipur
18083 Answers
447 Consultations
5.0 on 5.0
Your aunts can legally cull out their share in the property unless they execute a relinquishment deed relinquishing the share. The deed has to be further stamped with registration.
Ashish Davessar
Advocate, Jaipur
18083 Answers
447 Consultations
5.0 on 5.0
1) According to Section 17 of the Indian Registration Act, following  h documents relating to the following transactions of immovable properties are required to be compulsorily registered;
(a)         Instruments of gift of immovable property
(b)         Lease of immovable property from year to year or for any term exceeding one year or reserving a yearly rent.

c) Other non-testamentary instruments, which purport or Operate to create, declare, 
assign, limit or extinguish whether in the present or in future, any right, title or 
interest, whether vested or contingent, of the value of one hundred rupees and 
upwards, to or in immovable property. Eg: Sale, mortgage, partition, release, 
settlement of immovable property.
2) As per the provisions of Section 25 of the Indian Registration Act, 1908 if a document is not presented for registration within the prescribed time period of four months, and if in such a case the delay in presentation of the document does not exceed a subsequent period of four months, then the parties to the agreement can apply to the Registrar, who may direct that on payment of a fine not exceeding ten times the proper registration fees, such a document should be admitted for registration.

3) in your case since deed of family settlement / partition deed has not been presented for registration within 8 months it would be in admissible in evidence .
Ajay Sethi
Advocate, Mumbai
23155 Answers
1216 Consultations
5.0 on 5.0
1. Your grand mother had the right to make a will of her share in the property. Since the settlement of 1989 was not valid it did not oust your grand mother's rights in the property. So she could have made the will. 

2. She could have changed the will in her life time. If she did not change her will then it is final. 

3. Notarial stamp, as stated earlier by me, does not suffice. The exact amount of stamp duty should have been paid.
Ashish Davessar
Advocate, Jaipur
18083 Answers
447 Consultations
5.0 on 5.0
The properties, if bought by your grand father entirely out of his funds without any amount being pooled from joint family property, constituted his self acquired property, in respect of which he could have made a will. However, this does not cure the inherent defects in the settlement of 1989.
Ashish Davessar
Advocate, Jaipur
18083 Answers
447 Consultations
5.0 on 5.0
A document required to be registered  if not registered  is not admissible into evidence under Section 49 of the Registration Act
Ajay Sethi
Advocate, Mumbai
23155 Answers
1216 Consultations
5.0 on 5.0
Hello,
In respect of the Family settlement it does not have validity as it was not stamped and registered as it ought to have been .
Under this circumstances the Will made and registered by your grandmother with respect to her share in her husband's property is totally valid and de facto supersedes the family settlement.
Therefore you need to approach the court and apply for probation of the will.
In case of objections from your uncle you need to engage a lawyer to fight the case on merit.The only legal option for your uncle is to challenge the genuineness of the Will.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
your family settlement deed is of no value in eyes of law as it is unregistered. for will you have to get probate from district judge of your area
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0
1.unregistered settlement deed is legally not valid and not admissible in evidence in court case.

2. get probate of said will from civil court.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
Dear Client,
You are advised that, file a partition suit before civil court. The court will decide all the relevent WILL and also the claims of the heirs.
Mohammad Khaleel Ahmed
Advocate, Hyderabad
184 Answers
1 Consultations
3.9 on 5.0
file a partition suit claiming your share i the nearest civil court and the genuiness of the will shall be decided by court and will be accepted. unregistered settlement deed is not valid before the law.
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
1. The family settlement is not legally valid, but the will of your grand mother is valid.

2. The legal recourse you should pursue is to file for probate of the will whereupon your uncle may contest it by filing his reply. The court will then decide the case on merits.
Ashish Davessar
Advocate, Jaipur
18083 Answers
447 Consultations
5.0 on 5.0
Dear Querist
The Will is Valid any you have to file a civil suit for probate the Will before Civil Court of jurisdiction. after Death of your grand father you grand mother has legally owner of her share, so she may execute the Will to anyone. fight the case on merit, the chances of win is very strong in your favour.
Nadeem Qureshi
Advocate, New Delhi
3523 Answers
129 Consultations
4.9 on 5.0

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