• Will family settlement deed registration help

My father has several properties in different states. Legal heirs are 3. We all live in different places. As of today, one property is registered only in my father's name. For others, there are co-owners - in some cases, it is shared between mother and father, and in some mother and brother.
Now , we want to shuffle and distribute the property among ourselves such that for each property, only one person is the owner. 
What is the benefit of family settlement deed?
Does it have to be on stamp paper? If yes, what should be the value of stamp paper?
what is the benefit of registering family settlement deed?
Will this deed help in avoiding each party to be present in person for registration or appearing for relinquishing? Since there are 3-4 property and each in different state, coordinating all the parties(legal heirs) presence is a challenge.
Asked 2 years ago in Property Law
Religion: Hindu

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8 Answers

1) deed of family settlement can be entered into for division of property by metes and bounds 

 

2) it has to be stamped and registered 

 

3) other co owners can relinquish their share in property 

 

4) stamp duty would depend upon market value of property 

Ajay Sethi
Advocate, Mumbai
94655 Answers
7523 Consultations

5.0 on 5.0

The legal heirs can relinquish his share in favor of one in whose favor property is to be retained.  However, where it is not possible to visit different places, he can give power of attorney in favor of other relinquisher.   In this way, one can relinquish his own share for self and on behalf of other relinquisher as his power of attorney. 

Dalip Singh
Advocate, New Delhi
1083 Answers
36 Consultations

5.0 on 5.0

Yes family settlement deed is a ideal arrangement in this case

Prashant Nayak
Advocate, Mumbai
31910 Answers
179 Consultations

4.1 on 5.0

Settle among legal heirs and execute a registered family settlement deed. Registration of  properties in different district can be executed any one place of property. But such privilege is not available if the properties are in different States. All legal heirs have to appear before Sub-Registrar in each State. As properties are situated in different States different rates of stamp duties is applicable but it is around 3 per cent for family settlement deed.

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

You say that your father has several properties in different states and again say that only one property is registered on your father's name, which one is the fact?

Whether your father is alive or not living anymore?

Any transaction in respect of immovable property has to be executed by a registered deed alone and any arrangement made by an unregistered document is not legally valid.

 

Since the family arrangement of partition deed has to be drawn on a registered document alone, it involves to payment of applicable stamp duty and registration charges.

 

Since the properties are located in different states, the family settlement/arrangement or partition deed can be registered in a particular state to the properties located in that state alone and the stamp duty is to be paid as per the  rule prevailing in that state.

T Kalaiselvan
Advocate, Vellore
84852 Answers
2188 Consultations

5.0 on 5.0

In respect of the property standing in your father's name only, all 3 legal heirs shall inherit 1/3rd undivided share. The other two (siblings) can forgo their 2/3rd undivided share in favour of the third (the mother) by means of a relinquishment deed (to be duly registered). As for the property in the joint names of your father and mother, your father's 50% undivided share (mother gets the other 50%), has to be relinquished by all the other two legal heirs in favour of your mother so that she gets 100%. Regarding the one in the joint names of your father, mother and brother, your father's 1/3rd undivided share has to be relinquished by all the other 2 legal heirs in favour of your mother and your brother's undivided 1/3rd share has also to be relinquished in favour of your mother, resulting in her getting 100%. If this exercise is done carefully, your mother shall have exclusive title and ownership over all the properties. She can then opt for a family settlement or leave a Will.

Swaminathan Neelakantan
Advocate, Coimbatore
2790 Answers
20 Consultations

4.9 on 5.0

Dear Client, 

The benefit of having a family settlement deed is it settles inter-rights in a property matter among family members without causing conflicts, it can settle property disputes out of the Court.

The advantage of registering your family settlement deed is it will be accepted in a Court of law.

Yes, this deed will help to avoid the presence of everyone for relinquishing but the members need to declare that they agree with each other and convene to the terms and conditions and this agreement is the final word.

Thank You 

 

 

 

  

Anik Miu
Advocate, Bangalore
8826 Answers
110 Consultations

4.7 on 5.0

Dear sir, 

 

Since you have mentioned that one of the property was exclusively owned by your father and the other properties there are joint owners, for a seamless transfer of all the properties, since your father has left for heavenly abode without a testament, the properties will be devolved through intestate succession. First, you will be in a requirement of Legal Heir certificate issued by the revenue department. second, since your mentioned that you are preferring the family partition deed, it is mandatory to be registered. An instrument of partition (as a deed or otherwise) creating or extinguishing the rights in immovable properties of each heir in the immovable property is required to be mandatorily registered under Section 17 of the Registration Act, 1908, and will also require appropriate stamping. As per the Indian Stamp Act, 1899, the correct stamp duty in Delhi is 2% of the value of the separated share or shares of the property. Third, if one of the legal heir want to relinquish their share for exclusive ownership, it is mandatory for its registration under section 17 of Indian registration act, 1908  to be a valid transfer under section 5 of Transfer of property act, 1882. Once all this is done, it will be a valid transfer without any ambiguities and will hold a perfect title for generations to come. 

 

In case you require my assistance in the matter, i can be contacted through my google profile. 
Link of the same is attached for your reference as:

https://g.co/kgs/ZMWUyY

Your kind review will be appreciated.

 

Yuganshu Sharma
Advocate, Delhi
433 Answers
1 Consultation

5.0 on 5.0

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