FAMILY ARRANGEMENT VS PARTITION DEED
FAMILY ARRANGEMENT VS PARTITION DEED –;
Partition deed is amid co sharers
of property, it declares separate title of an individual in a specific asset
and excludes him from asset not falling in his share. It’s a title deed.
Family settlement does not create
title, it does not create proper partition of property but it represent that
what is the purpose of family and until final partition how the family will use
the property and it may consist that which one wants to own specific part of
the property. It is document of desires of a family. It does give any right to anybody
but in long term if it is followed it provides right to estoppels
The dissimilarity
is that of payment of stamp duty and registration of the document recording
partition. A family settlement has no need for registration and stamp duty, but
partition deed requires registration and stamp duty both. . essentials of
family settlements are’;
(1) It
can be oral as well as written and there is no need to require to register the
family settlement
(2) There should not be any fraud or
inducement to make the Family settlement deed;
(3) The
family settlement should be made to resolve family disputes and for allotment
of properties between the members of the family;
(4) Partition
Deed 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.
Legal Consultations and solutions (LCS )
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