Monday, 8 September 2014


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There are several many varieties of transaction in property dealing and documents like Koorchit, 'Memorandum Recording Earlier Oral Partition,' 'Memorandum Recording Family Arrangement,' Baagappirivinai Kathu then on. Sizable amount of property transactions takes place orally however we have a tendency to should see however valid are these transactions and square measure these documents valid? Allow us to see what the law says.The division of property is thought as partition. It’s conjointly the particular ascertainment of share command by the co-owners. 

A family arrangement, on the opposite hand, may be a settlement of problems or a briefing on the idea of claims which will arise concerning the property. Generally the claims could also be unreal. but these claims should have a basis.The family arrangement includes the weather of a partition.The documents concerning the transactions are not sealed and registered. Whether or not such documents need be stamping and registering is an important issue.

Ownership transformed:
Partition may be a method whereby the joint property is divided or divided for the individual enjoyment of the property of the co-owners.It’s solely a particular determination of every share. All of the sharers can have had a previous title. Partition isn't thought to be a new transfer thus there's no giving of a new title.

For the aim of family arrangement it's necessary to know the word family because the word 'Family' are going to be interpreted reckoning on the character of the document and therefore the group action. For eg; below the Indian Stamp Act, ‘Family’ for the aim of settlement includes father, mother, husband, wife, son, girl and offspring. within the case of anybody whose personal law permits adoption, 'father' shall embody an adoptive father, 'mother' an adoptive mother, 'son' an  adopted son, and 'daughter' an adopted daughter.

The same idea is extended to transactions like 'Release' and 'Partition.’ But the word family just in case of family arrangement has got to be understood in a very wider sense thus on embody not solely close relations or legal heirs, however even those that might have some variety of antecedent title, a semblance of a claim or a doable claim. The explanation behind for this can be that it ensures that future disputes square measure settled for good.

In case of family arrangement it's necessary that the parties should be associated with each other and includes a claim or a doable claim or maybe a semblance of a claim to the property. This ground may well be one thing like "affection," "legal claims," "claims that have arisen," "claims that would arise in future," etc. These claims needn't have strict legal backing or validity.

Family arrangement:
In order to avoid future disputes and to keep up peace and harmony if a a scenario arises, the members of a family it necessary to create a family arrangement. The terms of the arrangement or partition are finished orally by the parties in an oral agreement. At that time the parties might scale back this to a memorandum or execute, stamp and register a document. Each forms of property documents are valid. The question of stamping or registration doesn't arise as there's no document just in case of oral arrangement.

Stamping necessary:
If any right, title or interest is made, declared, allotted or destroyed by reason of family arrangement or partition then it should be sealed and registered as per the Indian Stamp Act and therefore the Indian Registration Act.

In every case it's to be determined it's an issue of reality whether or not the terms are documented by the character of phraseology and therefore the circumstances that and therefore the purpose with which it had been written. But no revenue enhancement or registration is needed in a very document sort of a memo, evidencing a family arrangement or a partition that had already been entered into and had been ready just as a record, so as to avoid false notions.

The document needs stamping and registration if the transaction may be a contemporous one however stamping and registration might not be needed if the transaction has already taken place, and is simply recorded as a past group action. If the family arrangement or partition is sealed however not registered, it are often examined by courts for collateral functions. Whether or not the aim may be a collateral purpose, may be a question of reality reckoning on the facts and circumstances of every case. A right or title to the property cannot be claimed by someone below the aforementioned document which may be thought-about just for collateral functions.

If the documents contain such wordings on the family arrangement or partition that it needs stamping and registration, then someone cannot get a legitimate title below such a document. It’ll not be accepted as proof in Court. Mere usage of the tense won't, by itself, indicate a previous arrangement or transaction. The document has got to be browse as a full. Therefore, the wordings within the document and therefore the facts and circumstances concerning the oral transactions are important.

Therefore so as to see the validity of the document all the on top of factors has to be compelled to be thought-about. Its desirable verify the documents within the lightweight of the on top of position and take remedial measures where required.


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