Deed of family settlement for division of land by metes and bounds would be binding on parties
2) you can get mutation of land done on basis of deed of family settlement
Mutual Partition of Land amongst brothers
My mother has transferred her only and soul land property to our three brothers including myself by a Gift Deed in July 2014. My two younger brothers jointly have demolished the old one cemented house building the then in possession of my mother without and before partitioning the land amongst three of us. They have occupied prime, good & advantageous portion in the front side of the land along the main road and built up a 2200 sq feet double storied large house building. Now back side of the land behind their building lying vacant, unutilized and has grown full of jungles market value of which is much less than the front side. They do not actually want to give and leave my share but it is not palatable to me to go to court law against them although they should have done everything with my consent. Now I have only option to occupy and possess the back side but a bigger part than the 1/3rd to compensate i.e. 50% of the total land . My query is if they agree to execute a Mutual Agreement or Family Settlement on stamp paper suitably prepared by and witnessed by a lawyer with a site plan attached duly prepared by licensed surveyor, shall it hold good for the purpose of my all legal rights of ownership in the eyes of law and also on the strength of that agreement shall I get mutation of my portion ?
Asked 7 years ago in Property Law
Religion: Hindu
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12 Answers
Shall the family settlement deed require registration before the Land Registry Office paying appropriate duty and shall I get 50% of the land by mutual agreement if brothers agree to sign the agreement on stamp paper ?
Asked 7 years ago
1. Since you have undivided 1/3rd share in the property your interest is protected even if no settlement deed is executed.
2. However once such deed is executed you can not later on claim the front portion or any other portion except what has been allocated in your favour in the deed.
3. So if you agree on the allocation then you can execute and register such deed. otherwise file partition suit.
4. Settlement needs to be registered.
Yes you shall get the portion mutated if the family settlement is there that you get 50 share and brothers occupy the front portion of the property.
Yes the family settlement deed need to be registered compulsorily with the sub registrar in the local jurisdiction. Yes you shall get 50 percent if other 2 brother sign the family settlement agreement and present them-self before registrar for registration of same.
Deed of family settlement is required to be duly stamped and registered
You would get 50 per cent of land
1. As your mother had executed gift deed in favour of all 3 brothers, all 3 of you are the co-owners of the land
2. ideally you should have challenged the construction of house on front side of the land without your consent, by filing a court case against your brothers
3. however its good that the brothers have resolved the matter amicably
4. the brothers can execute family settlement deed by paying a nominal stamp duty on it as per local laws
5. thereafter appropriate release/relinquishment deeds will need to be executed and registered
Dear Client,
Without registered deed, its invalid, through registered settlement/release deed ownership shall be transfer.
This is my further response to you:
1. The family settlement deed will invite minimum stamp duty charges;
2. Yes you can get any amount of share as per the family settlement deed.
1. The land stands jointly in the name of your three brothers including yourself after your mother had registered the gift deed in favour of all three of you.
2. You three shall have to register a partition deed now jointly agreeing for the area you have mentioned by dividing and demarcating the said land by metes and bounds duly annexing the map with the said partition deed while registering the said deed.
3. The said partition deed should be prepared by an able lawyer and witnessed by neutral persons.
1. Any deed of conveyance of property shall,have to be registered before the Registrar by paying appropriate stamp duty and registration fee.
2. You shall be entitled to the land that will be partitioned in your favour as per the said partition deed to be registered by all the three brothers.
If they mutually agree for the proposed partition, you may get the partition deed so prepared registered and after that you may mutate the property to your name.
If that is not possible then you may file an injunction separately restraining the defendants from making any encumbrance nor alienating the property in any manner.
Shall the family settlement deed require registration before the Land Registry Office paying appropriate duty and shall I get 50% of the land by mutual agreement if brothers agree to sign the agreement on stamp paper ?
The applicable stamp duty has to be paid by the beneficiary for registering the property on his/her name.