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Article Published in the Express Magazine Dated
January 7, 2001
General Attorney : Rajiv K. Luthra
We are a happy and united joint family,
however, in order to avoid any future conflicts
over issues of property we wish to enter into a
family arrangement. Is the same legally possible?
If so how do we go about the same and will it
require registration?
Manish Kohli, Mumbai
Yes, you may enter into a family arrangement, as
it is perfectly legal to enter into one. A family
arrangement as such may be arrived at even orally.
Its terms may be recorded in writing as a
memorandum of what has been agreed upon between
the parties. The memorandum need not be prepared
for the purpose of it being used as a document on
which a future title of the parties is founded. It
is usually prepared as a record of a pre-existing
arrangement between the parties so that there are
no hazy notions about it in future. Where a
document is nothing but a memorandum, the same
does not require compulsory registration as
prescribed under Sec.17 of the Registration Act.
However, if it is intended that a family
arrangement should act as a proof of what is
arranged for the first time between the parties as
against a mere record of a pre-existing
arrangement, the same should be reduced in the
form of a written document, also indicating where
the arrangement is brought about. Such a document
would require registration, as it is then that it
would be a document of title declaring for future
what rights in what properties the parties
possess. It is recommended that your specific
situation may be discussed with your legal advisor
before implementation.
My father and mother have a locker at our
native place. My mother has passed away and my
father is in no position to go and operate the
locker because of ill health, also because of the
long distance. How best can we operate the locker?
N.C. Jain
In your query you have not clarified as to whose
name the locker is in. Therefore, while answering
your query it is presumed that the locker is in
the joint name of both your parents and can be
operated by either of your parents. Under these
circumstances, your father may, if he so desires
create a power of attorney in your favor, or in
favor of any person he so chooses. However, the
same should be registered. Thereafter, with this
power of attorney as well as the death certificate
of your mother the named attorney holder may
operate the locker on behalf of your father.
I have entered into a personal lease agreement
for a house in South Delhi and wish to know if the
same should be registered, since the rental is
high. My friends say it is not required. Please
advise.
Mukesh Shergill, New Delhi
You have not specified the tenure of the lease. A
lease requires registration only if it is from
year to year or if it is for a term exceeding one
year or if it reserves a yearly rent. A lease of
any value, if it is neither from year to year, not
for any term exceeding one year, nor reserving a
yearly rent does not require registration under
Section 17(I) (d).
Is there a prescribed format, which needs to be
followed to write a Will?
Shikha Aiyer, Shikohabad
No. It is not necessary that any technical or
particular form of words be used in a Will.
However, the cardinal principle is that the
wordings in the Will be such that the intentions
of the testator can be known therefrom. There is
in fact, this striking difference between deeds
and Wills. Wills may vary in expression as well as
idea, according to the governing ideas of each
testator. In construing a Will, all its clauses
should, if possible, be given effect to. As
regards giving effect to a Will two questions are
involved, first, whether all terms can be
construed so as to harmonize one with the other;
and second whether all the terms can be legally
given effect to.
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