• Unregistered family settlement

Have there been any judgements where an unregistered family settlement has been rejected? If yes, can you please provide some links. Thank you
Asked 5 months ago in Property Law from Noida, Uttar Pradesh
Religion: Hindu
decision of  Madras High  Court in Balakrishnan and Another V. Chandrasekharan, (2003) 3 MLJ 45 at page 47 in paragraph 7, it is observed as follows:

"7.It is settled law that if the family arrangement is reduced to writing and it purports to create, declare, assign, limit or extinguish any right, title or interest of any immovable property, it must be properly stamped and duly registered as per the Indian Stamp Act and Indian Registration Act. If the family arrangement is stamped, but not registered, it can be looked into for collateral purposes. A person cannot claim a right or title to a property under the said document, which is being looked into only for collateral purpose. A family arrangement which is not stamped and not registered, cannot be looked into for any purpose, in view of the specific bar in Section 35 of the Indian Stamp Act. A document must be read as a whole. As to the nature of transaction under the document, it cannot be decided by merely seeing the nomenclature. Mere usage of past tense in the document should not be taken indicative of a prior arrangement. The expression & quot;collateral purposes & quot; is no doubt a very vague one and the Court must decide in each case whether the parties who seek to use the unregistered document for a purpose which is really a collateral one or as is to establish the title to the immovable property conveyed by the document. But by the simple devise of calling it & quot;collateral purpose& quot;, a party cannot use the unregistered document in any legal proceeding to bring about indirectly the effect which it would have had, if it is registered. When the parties reduce the family arrangement in writing with the purpose of using that writing as proof of what they had arranged and where the arrangement is brought about by the document as such, that the document would require registration as it is, then that it would be a document of title declaring for future what rights in what properties the parties possess."
Ajay Sethi
Advocate, Mumbai
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) In R.Deivanai Ammal (deceased by Labour Court) and another V. G.Mennakshi Ammal and others, AIR 2004 Madras 529, it is held that 'Athakshi, a document of family arrangement reduced to writing relinquishing plaintiff's right, interest and share in immovable properties of her father by accepting cash and jewels. The said document which is neither stamped nor registered cannot be relied upon in view of the specific bar under Section 35 of the Indian Stamp Act.'

(b)In P.Shanmugasamy V. Kausalya alias Krishnaveni, 2004 (4) CTC 324, it is held that 'Unregistered document viz., Receipt for a sum of Rs.3,000/- cannot be received as evidence as it is not registered.'
Ajay Sethi
Advocate, Mumbai
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Any unregistered document in respect of any transaction relating to immovable property are not legally valid document.
case laws  
Bombay high court - Shri Girdhari N. Melwani & Anr vs Smt.Veena Chandru Melwani & Ors on 7 May, 2010
Excerpts:
5.All the sons and daughters of the testatrix relinquished their rights, if any, in the Belfer flat in favour of Plaintiff No.1 to honour the last wish of their mother. An unregistered family settlement deed has been executed which is inconsonance with the letters of consent filed by the other heirs of the testatrix in the above Petition. Based upon the respective cases of the parties Justice S.C. Dharmadhikari framed the following issues on 11th April 2008 which are answered as follows:-

9.He has sought to prove the unregistered family settlement dated 4th October 2001 executed by and between the children of the testatrix.

10.He has been cross-examined with regard to his educational qualification, his matrimonial separation, his relationship with the Advocate who is the attesting witness, his mother s physical and mental capacity at the time of the execution of the Will, the delay in filing the Petition for probate, his mother s education, the residence of the testatrix as well as the parties to the suit, his behaviour with his mother, the transfer of the flat bequeathed to him, the nomination in respect thereof, the family settlement and the execution of the Will.



In a MPHC in Umesh Kumar Sinhal vs Chandralata Gupta on 30 April, 2012
(30.4.2012) 1: By this revision, the petitioner has called in question the order dated 15.2.2010 passed by the Rent Controlling Authority rejecting the objection of the petitioner against the claim made by the respondent for eviction of the petitioner on the strength of an unregistered family settlement deed. In fact, the objection with respect to maintainability of such an application for eviction has been rejected by the Rent Controlling Authority.



You may browse internet for many more cases
T Kalaiselvan
Advocate, Vellore
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Yes there have been many. A family settlement has to be mandatorily registered unless its memorandum is recorded. You can google the judgments.
Ashish Davessar
Advocate, Jaipur
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A. Registration of Family Settlment or Arrangement is depending upon circumstances of the case which means if the parties are going to creating a new right or release/waive of right that it must be registered in the legal context. However, this documents need not be registered other than the said circumstances.

B. Supreme Court of India
Subraya M.N vs Vittala M.N.& Ors on 5 July, 2016
Author: R Banumathi
Bench: Kurian Joseph, R. Banumathi

See Para 19 read with 15,16,17 and 18
B.T. Ravi
Advocate, Bangalore
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1) trust your counsel to protect your interests 

2) it should be mentioned that tenancy in respect of premises stands terminated 

3) call upon tenant to deliver vacant possession of premises

4) it should be mentioned that if you fail to vacate you would be treated as trespasser and proceedings taken for recovery of possession 
Ajay Sethi
Advocate, Mumbai
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There is nothing wrong even if you have not mentioned the word "terminate the tenancy", the contents of the notice should convey your meaning and intention properly.
The meaning if conveyed then that will protect your interest. 
T Kalaiselvan
Advocate, Vellore
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127 Consultations
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