Supreme Court : Unregistered family settlement deed Cannot Confer Title in Immovable Property

Supreme Court: Unregistered family settlement deed Cannot Confer Title in Immovable Property

In this latest supreme court judgement, the Supreme Court has held that a family settlement document which merely sets out the existing arrangement and past transaction will not be compulsorily registrable under Section 17(1)(b) of the Registration Act, 1908, if it doesn't by itself creates, declares, limits or extinguishes rights in the immovable properties. Supreme Court clarified the position of unregistered family settlement deed Family Agreement and Settlement.

"Family settlement deed" It is a contract or legal instrument among family members that states that in the event of a disagreement, all family members adhere to the same terms and conditions. A settlement deed between

family members involves family members who are most typically related to the distribution of properties..

🟨 Requirement of Registration & Stamp Duty in Family Settlement Agreements:
Family Settlement Agreements require mandatory registration if they create/relinquish a right of a bona fide party in the family assets.

What is the purpose of a family settlement deed?
Can I sell property with a family settlement deed?
Is it necessary to register a family settlement deed?
What is the Supreme court judgement on family settlement deed?

🟨 Judgement link-
https://indiankanoon.org/doc/161176425/

00:00- intro
01:00- family settlement agreement
02:33- supreme court judgement
06:51- conclusion & Important points

Supreme Court: Unregistered family settlement deed Cannot Confer Title in Immovable Property

🟨 Acts and sections use in this video:
Section 17(1)(b) of the Registration Act, 1908, and Section 49 of the Registration Act, 1908 states that documents that are required to be registered but are not, cannot be used as evidence:

They cannot affect any immovable property included in them

• They cannot be submitted as evidence of any transaction that affects the property or gives power to do so

Your queries-
Family settlement deed stamp duty
Family settlement deed between brothers
Family settlement Deed pdf free download
Family settlement deed format
Family settlement deed for property
Family settlement deed registration charges
Family settlement deed in Word format
Deed of family settlement between the heirs of a deceased

#supremecourt #property #transfer #decodethelaw


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