1)memorandum of family arrangement does not require registration . it merely records understanding arrived at between brothers

2)if there is division of property deed of family settlement is required to be registered

3) deed of partition is required to be stamped and regsitered

4)you can challenge the partition as it is not registered and is inadmissible in evidence

5) on demise of daughter of uncle property can be mutated in favour of her children as legal heirs

6) file suit for partition seek injunction restraining sale of land by cousin sisters son

After the marriage of the girl child who is inherited any property by inheritance of gift is the absolute owner of the property transfers to her nearest relative or spouse.

Your brother in law and his sons are the legal hairs and may claim their shares. By possession of the property you can not be the title holder but you may contest on the ground that since your sister died issueless

The answer for your question no. 1 is no.

Question no. 2 is no. The step children of your cousin sister is not allowed to claim the property as the property recieved from father's side and in presence of heirs from father's side they will prevail over other legal heirs as per Hindu Succession Act.

Answer to question no. 3 is yes you can challenge the mutation process initiated by the step children.

As you have explained the facts, your cousin sister's husband's children (who are not children of your cousin sister) can not get inheritance right over the property which belongs to your uncle.

As you have mentioned that the partition is made way back in the year 1984-85 and which is acted upon and now you can not challenge the same.

As being the Legal heirs of II Class under the Hindu Succession Act you along with the children of your other uncle can claims inheritance right over the properties of your deceased uncle.

Dear Client,

As per Hindu Succession Act, Three son from another wife has no claim in the property of father`s first wife. Do not comes under the definition of son of ur cousin

Secondly, any property inherited by a female Hindu from her father or mother shall devolve, in the

absence of any son or daughter of the deceased upon the heirs of the father i.e. ur uncle`s.

After the death of mother ( Aunt ) , her property will devolve in her daughter and husband equally i.e. 1/2 share each & after the death of daughter, her share in her child and if no child than father if alive otherwise in father`s heir (3) brother, (4) sister and if not alive than (1) Brother’s son, (2) sister’s son, (3) brother’s daughter, (4) sister’s daughter.

Husband and his sons have no claim. Contact for legal provisions.

i) Can I challange the partition made on the basis of mutual consent, without equillibrium , without metes and bound and without having registration in sub-registrar office but muted in Circle office. My father has recently died in June 2017. -- No need. only complicate the issue

ii) is it legal that my cousin sister sons whether they are step or own will be heir of that gift deed made by my uncle in favour of my aunt after more that 25 years. -- step sons have no claim until adopted

iii) can I challange the mutation order in DCLR court and on what basis.-- easily or challenge the proceeding by pointing legal provision of succession.

iv) who will be higher in decree of the land of my uncle, either we or my cousin sisters husband son. it is worhty to mention here that there is no specific mentioning about cousin sister three sons in the git deed as it is only mention that my uncle has a daughter namely X married with Y. So after more that 25 years , can the three sons of my expired cousin sister be shown as owner of the land which has been mentioned in gift deeds which was in favour of my aunt. - no right

v) on which ground, the whole partioned made earlier without any registration in Sub-registrar office be challanged as a void documents. --

vi) give me the way by which I could save my ancestral land as my cousin sisters son are trying to sell the land which has been muted on their name on the basis of gift deed. --- challenge the order, illegal order.

1. Since the partition deed was not registered, there has been no partition done legally and you can very well file a partition suit in connection with the said property.

2. Had your cousin left any children, they would have been eligible to claim inheritance of the said property but not the step children of your late cousin sister since they do not fall in any class of heirs.

3. Mutation order does not indicate ownership of property, Registered Deed and/or Court order does. You can file a mutation application after getting the court order after filing the partition suit.

4. Your elder uncle had gifted the property to his wife, so it was the property of your Aunt since deceased. The children of your another Uncle (since your father were three brothers) also will have equal share on the said property like you but not the step children of your late cousin sister.

5. There was no partition made legally and the mutation record will be changed on receipt of court order or valid partition deed duly registered.

6. Write a letter to the DCLR through your lawyer informing him that the said sons are the step sons of your late cousin sister who are not eligible to inherit the said property of your late Aunt. Meantime, also file a partition suit claiming partition of the said property or get the property partitioned by registering a partition deed by and between all the surviving legal heirs of your your father and his another brother.

Various Uses of Gift Deed

There are a number of ways through which the property can be transferred from the owner of that property to the donee. It can be done by sale, will or gift but the method commonly used to transfer the property to the family members is by executing the gift deed in favor of that person.

Though no monetary transaction is involved in the gift deed then also it is mandatory to get the gift deed registered

Section 122 of the Transfer of Property Act, 1882 defines gift.

What All Can be Gifted?

Things which can be gifted should have such properties to be called as a gift –

It should be movable or immovable property.

It should be tangible property.

It must be transferable.

It should be in present time and not to be a future property.

There is often a confusion while seeking partition of properties amongst Hindu families, whether parties should opt for a partition deed or a family settlement. The effect of the both is same-divide the property.

The substantial difference is that of payment of stamp duty and registration of the document recording partition. A family settlement does not require registration and stamping, however partition deed requires both-hence execution of the partition deed is a costly remedy. Many people draw a family settlement, however it is drawn in such a fashion that courts read it as partition deed, thus the consequences of non-registration and non-stamping get attracted. Thus in order to put the binding effect and the essentials of a family settlement in a concretized form, the matter may be reduced into the form of the following propositions:

(1) The family settlement must be a bona fide one so as to resolve family disputes and rival claims by a fair and equitable division or allotment of properties between the various members of the family;

(2) The said settlement must be voluntary and should not be induced by fraud, coercion or undue influence;

(3) The family arrangements may be even oral in which case no registration is necessary;

(4) It is well settled that registration would be necessary only if the terms of the family arrangement are reduced into writing. Here also, a distinction should be made between a document containing the terms and recitals of a family arrangement made under the document and a mere memorandum prepared after the family arrangement had already been made either for the purpose of the record or for information of the Court for making necessary mutation. In such a case the memorandum itself does not create or extinguish any rights in Immovable properties and therefore does not fall within the mischief of Section 17(2) (sic) (Section 17(1)(b)?) of the Registration Act and is, therefore, not compulsorily registrable;

(5) The members who may be parties to the family arrangement must have some antecedent title, claim or interest even a possible claim in the property which is acknowledged by the parties to the settlement. Even if one of the parties to the settlement has no title but under the arrangement the other party relinquishes all its claims or titles in favour of such a person and acknowledges him to be the sole owner, then the antecedent title must be assumed and the family arrangement will be upheld, and the Courts will find no difficulty in giving assent to the same;

(6) Even if bona fide disputes, present or possible, which may not involve legal claims are settled by a bona fide family arrangement which is fair and equitable the family arrangement is final and binding on the parties to the settlement.

1. A deed of partition requires mandatory registration, failing which it is not admissible in evidence. The property continues to be undivided. You are free to challenge the deed of partition through a civil suit.

2. The step children of your cousin are not her legal heirs, consequently they cannot claim succession to her share.

3. Mutation is not a document of title, its relevance is only for the purposes of collection of revenue.

4. You may file a suit for partition to cull out your equal share in the property.

1. You are in no way related to the property that belonged to your deceased aunt which was gifted to her by her husband by a registered deed.

In fact you cannot seek even partition by metes and bounds of the property jointly occupies or enjoyed by both the brothers, though your uncle had transferred his undivided share of proerty to his wife by executing a registered gift deed.

Your father only can seek partition during his lifetime and if he is not living then all the legal heirs of your father shall have rights in the property and can seek the partition jointly.

Your deceased aunt's share of the property gifted to her shall devolve on her own legal heirs.

Her own legal heirs is her deceased daughter.

Now the deceased daughter's surviving legal heir is her husband alone and not his children born out of his second marriage.

2. The step children of your deceased cousin sister are not her legal heirs hence they do not have any rights in the property that may devolve on her.

3. Your father only can take any step in that regard if he is living, so confirm the status.

4. You can read the answer given in the first above, the only surviving legal heirs of your deceased cousin is her husband, her step children are not her legal heirs hence they do not have any rights in it.

5. Since there was not partition deed prepared earlier nor there is any registered partition deed, what is your question about?

6. You, in any case do not have any rights in the property that belonged to your uncle who transferred the same to his wife and the same devolves on their daughter who is reported to have died intestate hence her own legal heir i.e., her husband is the right person to claim any share as a right.