• Settlement Deed

Dear Sir/ Madam, 

We all 4 family members have put ancestral cases on each others from 2017. Now we are coming to a mutual understanding to settle the matter.

Is it possible to make a "GIFT SETTLEMENT DEED" and register it in the sub-register office. And then go to court and close all cases and injunction orders and submit "COMPROMISE DEED" with an annexure of the above Gift Settlement Deed.

Please guide me ?

Thanking you.
Asked 10 months ago in Property Law from Bangalore, Karnataka
Religion: Hindu

You can file consent terms in pending court cases for resolution of disputes 

 

2) then court would pass decree on basis of consent terms 

 

3) you can enter into gift deed have it duly stamped and registered 

Ajay Sethi
Advocate, Mumbai
74555 Answers
4459 Consultations

5.0 on 5.0

See make a family Settlement deed to distribute the property register same by paying stamp duty and registration at the sub-registrar office.

For withdrawing suit you can  compromise deed can be presented before the court.

Shubham Jhajharia
Advocate, Ahmedabad
24320 Answers
96 Consultations

5.0 on 5.0

Family arrangements as ling as they are not illegal, are enforceable and are recognized by the courts. Therefore al these arrangements should be clearly stated and registered.

Regards 

Rahul Mishra
Advocate, Lucknow
7974 Answers
15 Consultations

5.0 on 5.0

Yes, If all parties are agree than execute MOU of intention first that all affected parties are Willing to settle the matter out of court and hence recording manner of settlement under the MOU and agreed to all.

Yogendra Singh Rajawat
Advocate, Jaipur
18532 Answers
22 Consultations

4.6 on 5.0

1.  There CANNOT be a Gift Settlement Deed in such matters.  You can execute a duly Stamp Duty paid Registered "Family Settlement Deed", with strategic clauses, clearly detailing the segregation /division of properties to whom and in what manner.  This would be legally sufficient for all futuristic Sale /Gift /Transfer /Mortgage /Donate /whatever .... at the hands of the receiver and for Income Tax purposes.

2.  Annexed with the above, a joint affidavit can be moved in Court, for withdrawal of all the cases. 

Hemant Agarwal
Advocate, Mumbai
4346 Answers
23 Consultations

5.0 on 5.0

Yes you can do that. It is all lawful.

Kallol Majumdar
Advocate, Kolkata
2528 Answers
4 Consultations

5.0 on 5.0

instead of all this you prepare a terms of settlement as per your choice and filed it to the court for passing decree as per terms of settlement. after getting the decree, register it to the sub-registry office. it will be cost efficient also.

Manish Paul
Advocate, Kolkata
287 Answers
2 Consultations

4.9 on 5.0

In the event the parties have arrived at a compromise and one of them is willing to withdraw the case, then such party has to file an advance hearing of the case along with a joint memo of compromise for the purpose of such terms of compromise forming part of the compromise decree to be ultimately passed by the court Or if the plaintiff/the person who has filed the suit either wants to withdraw the suit or abandon part of his claim, he can file a memo of withdrawal under order 23 rule 1 CPC. 

Mohammed Mujeeb
Advocate, Hyderabad
15575 Answers
7 Consultations

4.5 on 5.0

1 Yes it's possible

2 you can do as aforesaid

Prashant Nayak
Advocate, Mumbai
18654 Answers
34 Consultations

4.6 on 5.0

Hi

Your option is perfect.

You can go ahead as detailed in your post.

Make sure that, Gift Settlement Deed should not contain monetary benefit.  It has to be given out of love and affection...……. 

Good Luck

S Srinivasa Prasad
Advocate, Hyderabad
1924 Answers
7 Consultations

5.0 on 5.0

Dear Sir,

It is not possible to execute gift settlement deed but you can enter into compromise before the Court or settlement deed before the Sub-Registrar.

Kishan Dutt Kalaskar
Advocate, Bengaluru
5283 Answers
172 Consultations

5.0 on 5.0

- Since, your case is pending before the Court , hence, there is no requirement to prepare a Gift Settlement Deed or any other such type of documents . 

- Otherside, any documents like Gift Deed /Family settlement deed should be registered as per law. 

- Without registeraton of such documents having no value in the eye of law and it is challengable.

- As you all are ready for a mutual understanding , then you should Firstly prepare a Compromise/Settlement Agreement amongst the parties and further move an application before the said court with this Agreement , for passing Decree .

 

Mohammed Shahzad
Advocate, Delhi
2557 Answers
35 Consultations

5.0 on 5.0

The gift settlement deed among yourselves is the collective decision taken by all the parties to the dispute, hence after that you all may file a petition seeking compromise decree on this basis.

Once ther is a compromise decree by court then it cannot be challenged by anyone at a later date.

T Kalaiselvan
Advocate, Vellore
64533 Answers
836 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you all need to put end to this court cases as who knows how long it would take more.
  2. Yes, you can execute the compromise deed first and then withdraw the cases from the court of law.
  3. Thereafter, you can execute the gift deed, but to ensure that nobody back steps, you should mention about the execution of the gift deed after court cases stand withdraw in the settlement deed itself.
  4. In this way, everything will be as per the obligations and boundation for each of the parties.

Sanjay Baniwal
Advocate, South Delhi
5209 Answers
12 Consultations

5.0 on 5.0

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