• Is a family settlement valid for partial/part property?

Can a family settlement be done for part/partial assets as there remains disputes due to which some properties cannot be divided?

Sone sisters have relinquished shares in the properties, that be the case , is registration before Subregistrar necessary? If so ar what valuations???
Asked 2 years ago in Property Law
Religion: Hindu

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17 Answers

Any family settlement of part of ancestral property is valid excluding property in respect  of which  there is some dispute. To avoid penalty and ensure validity of settlement it advised that it be registered mentioning that it is settlement covering only part of property.

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

For Deed of relinquishment registration is mandatory 

 

Stamp duty would depend upon market value of share relinquished 

 

it varies from state to state 

 

deed of family settlement can be for some properties 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

Nomenclature does not make a difference 

 

it is contents of document executed which is considered 

 

registration of relinquishment deed is mandatory 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

A document requiring registrar if not registered can only be regularized by payment  of penalty ten times of deficit stamp duty. It is safe to get the document registered. The stamp duty under Stamp (Goa, Daman and Diu ) Act is around 2 per cent of government  market value  and fixed charges of 1K.

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

A partial settlement deed if enforceable ie all parties agree to it and it is a practical solution to settle what can be settled, is perfectly legal and valid in a court of law. Registration is necessary so as to avoid further and future litigation.

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

It would be a family arrangement/settlement and all tge shareholders must sign and register the documents. Owners should take possession. 

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

1. It's better to bring all the movable and immovable properties under the Family Settlement Deed. However, it can also be done for some properties also.

2.  If Sisters are ready to relinquish their shares in your favour, then let them execute a registered Release Deed relinquishing their individual share in your favour in the Office of the Sub Registrar. 

3.  To get legal validation of the property, registration is a must. Unregistered document or Release ( Relinquishment ) Deed will not be admitted as a legal document in Court.

4.  Whatever money or without money, your sisters are ready to accept, can be mentioned in the Release Deed.

5.  If some co-owners relinquish their shares in your favour, the deed will be called as Release or Relinquishment Deed, which can also be called as family settlement deed.

Shashidhar S. Sastry
Advocate, Bangalore
5068 Answers
314 Consultations

5.0 on 5.0

Dear Sir

A family settlement is valid for part property as well. 

As under the Section 17 of the Indian Registration Act 1908, a family settlement that claims to allot the immovable property must be compulsorily registered to ensure that the partition deed is valid.

 

Thank you

Anik Miu
Advocate, Bangalore
8742 Answers
109 Consultations

4.7 on 5.0

1. Settlement of one or part of a set of properties  is legally valid.

 

2. Relinquishment of shares by sisters are required to be documented by registering the Relinquishment Deed before the Sub-Registrar.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

1. If the said relinquishment is as a result of a family settlement, then a settlement deed can be registered by all the stake holders/family members.

 

2. In the said matter no separate partition deed is required to be registered since the property has already been partitioned by mentioning the same in the said settlement deed.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

Family settlement deed can be executed by a registered document for some properties alone also by excluding other properties in this settlement deed.

It is mandatory  to execute the  transfer of immovable properties either by release deed  or settlement deed by  registered document.

Without registration the proposed relinquishment deed shall not be legally valid. 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

It is mandatory  to execute the  transfer of immovable properties either by release deed  or settlement deed by  registered document.

The stamp duty payable would depend on the value of the property.

The stamp duty differs from one state to another, hence it may be enquired  from the local sub registrar office.

Whether some co-sharers have relinquished their shares or not, the proposed division of properties may be done either by a family settlement/arrangement deed or partition deed, it makes no difference for either of it as far as the applicable  stamp duty is concerned. 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Yes family settlement and partition deed is mandatory and valid for the same. Even in case of Relinquishment deed if all the property is not covered then the separate settlement deed is required

Prashant Nayak
Advocate, Mumbai
31805 Answers
175 Consultations

4.1 on 5.0

Unless a registration deed has been signed by all parties, a partition or relinquishment of property between family members is not valid .

Relinquishment done through Relinquishment deed or other wise they entered as parities in Partition deed and mention about their willingness to Relinquish their claim over the property 

Ajay N S
Advocate, Ernakulam
4072 Answers
110 Consultations

5.0 on 5.0

Registration of relinquishment Deed is mandatory. Rs. 100/- stamp is required for relinquishment Deed.

that called only relinquishment Deed and not family settlement Deed or Partition Deed.

if there is any dispute regarding the property then it will be better that after taking relinquishment Deed from the sisters, execute another deed of Family settlement cum partition Deed and registered the same for future safety if you have other siblings.

 

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

- Yes, you can enter into a family settlement for partitioning the property , if all the claimant ready for the same , and it is advisable to register the same .

- As per law a Relinquishment deed must be registered from the office of registrar ,otherwise it is challengeable.

Mohammed Shahzad
Advocate, Delhi
13095 Answers
195 Consultations

5.0 on 5.0

First you can register relinquish deed with the sub registrar and get the mutation done.

 

Later on go for partition deed according to new sharing ratio with remaining legal heirs according to mutation records.

 

Regarding valuation for legal heirs registration of relinquish deed and partition deed only registration charges and document handling charges has to be paid and not stamp duty.

Ganesh Kadam
Advocate, Pune
12910 Answers
253 Consultations

4.9 on 5.0

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