• Family settlement

We are three brothers and have different properties in Delhi NCR including residential and industrial plots. As per our family settlement(unregistered)we all our enjoying our wrights as mentioned in the family settlement dated December 1997. In one of the industrial property leased by DDA my two elder brothers are co-owner but as per family settlement the share of one of the two brothers has to be transferred in my name. I have the possession, irrevocable registered GPA , registered will and other relevant affidavits for the same in my favor. My brother is ready and willing to transfer it in my name. My question is what is the best way to get it mutated in my name. Can it be transferred using family settlement?
Asked 6 years ago in Property Law
Religion: Hindu

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15 Answers

It can be transferred using family settlement,provided the family settlement is registered after payment of requisite stamp duty or court decree would be required.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

A family settlement is honoured by a court of law and it is binding. Register the agreement by paying the requisite stamp duty.

You can also have it transferred in your name but then it would be different.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Deed of family settlement should be duly stamped and registered 

 

2) it can be transferred in your name by execution of registered family settlement deed 

 

3) further relinquishment deed should be executed by brother to relinquish his share as per settlement deed 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

Stamp duty is state subject and varies from state to state 

 

2) relinquishment deed can be executed by co owner of his share in property only for benefit of all co owners 

 

3) it cannot be relinquished in favour of person who was never co owner of property 

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

it can be transferred through family settlement deed and it should be duly stamped and registered. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

In case of multiple properties you should first divide the properties and then initiate transfer or make a relinquishment deed in case someone wants to relinquish his property in exchange of another.

If he was not a co owner then you can gift him or register the property in his name.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Stamp duty and registration of family deed of settlement is 2% + 1% of the circle rate  of the property.

I would advise you to get a gift deed executed since the stamp duty would be much higher for getting family deed of settlement registered containing all the properties. 

Share cannot be relinquished in the name of a person who was never a co-owner in the property.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

Yes you can do it on settlement deed if the same is registered and stamp duty paid. 

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

Transfer through Relinquishment deed is the best way.

You get the shares of the property to be transferred in your favour through Relinquishment by legal hiers. Then apply in the Authority for transfer in your name on the basis of Relinquishment deed. 

Stamp duty is not applicable in case of Relinquishment in blood relations.

Deepankar Kataria
Advocate, Delhi
194 Answers

See in case there is already will with you for your share then based on same you can get the property mutated in your favour. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Further family settlement is not required when there is registered will and unregistered settlement. 

No the relinquishment can be made in favor of only co-owner. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

The unregistered family settlement if not valid in law and cannot be enforced in law.

If you have a will in your favor, then ask them to give NOC for mutating the proeprty to your name and you can enjoy the same as an absolute owner with clear and marketable title after that.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

A family settlement deed executed long back cannot be registered at this stage because it can be registered within four months from the date of its execution. Hence yo may have to either get a fresh family settlement deed executed and get it registered. The stamp duty will depend upon the value of the properties involved in the settlement deed.

As far as relinquishment is concerned a person can do so only if he has a right for a share in the property intended to be relinquished.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

  1. As per the information mentioned in the present query, makes it clear that here is no one who is not accepting the words of the settlement deed which is very good in your case.
  2. Settlement deed has not been registered, but that is also not disputed that you all are enjoying the portion and property got as per the settlement deed and also period of limitation of 20 years to challenge the deed is also over now.
  3. The only point to consider if anything which was written but not yet done as per the deed.
  4. As you have the consent then I would suggest you to not to go for the registration of the deed now as this would not serve the purpose and wastage of money.
  5. Yes, he can even execute the release deed to the person who never been the owner in the property as he himself is the owner and has all right to give the property to any one.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

Dear Client 

You can transfer the share of that industrial plot on your name using family settlement deed but the settlement deed should be duly stamped and registered.

 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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