Legal Question in Real Estate Law in India

A family arrangement memorandum has been drawn up. A house, an immovable property has been divided among four brothers. The shares are A, B, C and D among the brothers M, N, O and P.

N’s share of A is greater than that of M’s share of B. He pays Rs.60000/ to offset the excess share he has received.

Similarly P whose share D is greater than that of O’s share C pays Rs.30000/ to offset his excess share.

Does this amount to a sale/ transfer attracting Transfer of Property Act /Registration Act as the family arrangement does not require registration?


Asked on 11/16/09, 10:02 am

1 Answer from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

no, it does not amount to transfer of property rather it is a partition under family settlement. better get the same registered to avoid future complications.

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Answered on 11/16/09, 11:59 am


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