You can even sell your property without partition on basis of unregistered settlement deed. Only issue will be possession. You can seek a suit for specific performance seeking possession of your share. Only issue may be unregistered deed which you can register by paying stamp duty and registration.
Possession and sale of my share of property
We are three brothers (Hindu) who made an unregistered family settlement(stating everyone share) on 16-4-2018(Notroised and signed by two witness on 100 rs stamp paper) for distribution of properties of my late father who passed away on 24-6-2013 . He made a registered will on [deleted] and later on he cancelled the same on [deleted].we are hindu and presently having 5 legal heirs mother, 3 brother, 1 sister(married). Now my younger brother who is living with his family on my share of property (which is a house that comes to me as per family settlement) is not vacating and when I ask him to vacate he starts abusing and not allowing me to enter in the house by using muscle power. I am in job and going to retire so I want to sell my share of property. Somebody suggested for filing partition suite with possesion and injection, but court fee in U. P is Very high and difficult to afford. And further it was opinion of some lawyers that property can not be partitioned during mothers life time as she has intrest in the property, so partition suite will not stand. But i don, t understand why it is, when as per law every legal heirs is entitled for their share in the property. Please let me know can I file a suite for declaration/title with pocession and injection on the basis of unregistered family settlement to claim title for my share of property also see the limitation act for this. However year 2020-21 got affected by corona. Also see for any other more effective (certainly economic one) legal solution So that i can get peaceful vacated possesion of my share of property and with seperate clear title so as to Sell out the same ,also suggest what legal action I should take so that he Couldn't misbehave (abusing) while going to see house.check the admissibility of partition suite keeping in mind followings 1- nature and how my late father owned properties 2- on all properties my younger brother have possession 3- electricity and domestic gas connection in his name 4- limitation act and adverse possession possibility 5- what other relief should I ask with partition suite 6- normally how much time it takes for final order 7- chances of favourable judgement 8- any good lawyer firm who purchase the case 9- mother is not ready for partition and is with my younger brother
Asked 3 years ago in Property Law
Religion: Hindu
20 Answers
Can i file a declaration suite on the basis of unregistered family settlement to clear my title over my share and ask for physical vacate possession with seperate title so that i can sell my share
Asked 3 years ago
Any other legal advise by which I may sell my share legally and promptly
Asked 3 years ago
The partition suit can be filed and interest of the mother is equal to the interest of other legal heirs. The will stands cancelled. It has no relevance.
Moreover, the family settlement is recognized by the courts and hence you should file a declaratory suit based upon the family arrangement although it has not been registered but still it holds relevance.
Yes a suit can be filed based upon your family settlement.
The suit for partition can also be filed if you don't want to go ahead and rely on the family arrangement. Partition will happen irrespective of the fact whether the heirs agree to it or not.
The property left behind by your deceased father devolves equally on all the legal heirs.
The unregistered settlement deed is not legally valid.
Your mother and sister also are entitled for an equal share in the property.
The best option before you is to file a suit for partition and claim one fifth share with separate possession.
It may take 3 to 5 years for disposal of the lawsuit.
The lawyer fee and court fee shall be informed by the lawyer.
If the unregistered family settlement is not valid then there's no point in filing declaration suit.
It is not maintainable.
Until and unless your share in the property is identified by a legal partition or by decree of court, you may not be able to sell your share of property
Dear Querist, in relation to your query my opinion is as follows:-
1. No need to file a partition suit in your case, as there is an already existing written settlement.
2. First and foremost file an injunction suit and ask for mandatory injunction to handover the keys of your house to you and permanent injunction can be sought where you will ask the court to permanently restrain your brother to enter your house.
3. Any suit which is seeking the relief of possession or partition, you have to pay a hefty court fee, and in your case it is not required.
4. In case you opt for partition suit, then you have to ask partition in the whole suit property and have to pay court fee According to your share in the whole suit property.
5. You can very well ask for your share in the suit property even if your mother is still alive as the whole property was in your father's name and when he died without a will, you all became legal heirs and the whole property can be divided as per your wishes.
6. In case of a declaration suit, you always ask the court to declare something, in your case ultimately by filing a declaratory suit you are seeking partition, so you have to pay the court fee in that case as well. And there is no need for seeking declaration or partition.
Hopefully, the first two points will satisfy your requirements, in case of any further query, feel free to call.
Un registered deed of family settlement is not admissible in evidence
2) you have to file suit for partition for division of property by metes and bounds . Seek injunction restraining sale of property by your siblings
3) disposal of suit would depend upon pendency of cases in trial court
4) number of lawyers on this website from UP contact any of them
Un registered family settlement deed is not admissible in evidence
you have to file suit for partition as mentioned herein above
Act as mentioned herein above
court fee for partition suit is very nominal in u.p.
Dear sir,
The property of your deceased father will devolve equally upon the legal heirs. Your mother and sister have an equal share in the father's property. The settlement deed is unregistered hence is not valid. You can go for partition and claim 1/5th share of the property.
Due to covid the lawsuit might extend 3-5 years.
Thank you
Tnx learned advocates for your valuable opinions as I understood and sure your valuable opinion comes out after going thoroughly all the facts of my case kindly let me know that what should be the exact text description of partition suite as I want separate physical possession with clear separate title of my share of property and also prevent my younger brother for misusing property by renting out, selling, leasing, taking loan or making construction to change status of property till the suite final. What we have to do if my mother and sister do not want any share in the property.
Asked 3 years ago
You have to file suit for partition for division of property by metes and bounds
2) seek injunction restraining sale of property or creation of third party rights by brother
3) sister and mother can execute gift deed for their share of property
Dear Sir
Your mother and sister may legally relinquish their share in the property and the rest can be divided among the brothers.
Once it is divided, your share in the property will be completely separate and you can use it as you please.
Thank you
The option before you has been clearly explained that until and unless you have your share allotted by a partition through a lawsuit decreed by the court, you may not be able to acquire your legitimate share in the the property.
If your mother and sister would like to relinquish their shares in the property to your name, then they can very well transfer their legitimate shares in the property by executing a registered gift deed in your favor in respect of their undivided share in the property, after which you will become entitled to one three fourth owner of the property and file a suit for partition against your brother with separate possession with metes and bounds and good and bad soil.
You can file an interlocutory application seeking temporary injunction against your brother restraining him from alienating or encumbering the property in any manner till the disposal of the main suit for partition.
Thank u v. Much sir one more thing if we all family members (legal heirs) mutually agreed and write a family settlement deed stating the every one share clearly specified and marked with terms and conditions giving everyone right to use their share of property as they wish and if we got the same settlement registered, then will I acquire separate title on my share of property which will make me able to sell my share of property. Please clarify. And if further anyone not vacating occupied property as per terms mentioned in the settlement then what will be the scenario or ultimately again I have to go for partition or eviction suite. Please clarify and elebrorat the facts. As I think if this gives seperate title and property transfer right then court may order to the party who is dishonuring the settlement to vacate the occupied part and may ask administrative authorities to get order executed and fulfilled. As I feel registered family settlement deed is comparatively less expensive and mearly no time required to get the settlement deed registered.
Asked 3 years ago
The registered family settlement deed as well as registered partition are almost one and the same, ultimately the share of each shareholder would be identified and the possession of their respective share would be given to the individual shareholder accordingly. The condirions of family settlement or partition would be decided only after a mutually agreed conditions are arrived at.
In that case there may not arise any dispute as apprehended.
You need to get it Mandatorily registered for being admissible in court of law.
Registered deed of family settlement can be entered into between parties
if one of parties refuses to vacate after entering into settlement deed then you can file suit for eviction against said party
Dear Sir
Once the property has been registered in your name, you have the full right to live in it, rent it or sell it.
If other people refuse to leave from your share of the property, you can file an eviction suit if you like.
Thank you