A family settlement deed must be made and registered. It doesn't attract much stamp duty. It can be made on a 100/- rupee stamp paper but it has to be registered. On the basis of the deed the property can be disposed as per the family settlement.
Legal heirship certificate and need for family settlement deed
My father passed away with 2 properties in his name, 1 solely owned, 1 jointly owned with my mother(his wife). Legal heirs are me(son), daughter, wife. In legal heir application can the other legal heirs give their NOC there itself to give the property A to lets say the wife (which is jointly owned by her already) and property B to lets say the son. And this should be enough to then legally transfer the property through local body through this legal heir certificate? Is there a need for family settlement deed, and if needed what would be the stamp duty totally. I want to adopt the solution that attracts the lowest stamp duty. Please advise and give any other solution as well.
Asked 2 years ago in Property Law
Religion: Hindu
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9 Answers
The legal heirship certificate is different to that of the transfer of property.The legal heirship certificate is an authentic document issued by government to declare the successors in interest to succeed to the estates of the deceased.
If the legal heirs decide to transfer the properties amicably among them selves, they can either enter into a registered family settlement deed or a registered partition deed or a registered release deed executed by other legal heirs in favor the chosen legal heir to relinquish their rights in the properties accordingly.
Any transaction in respect of the immovable property is to be carried out by a registered document alone
Legal heir certificate is for record purposes only to identify the legal heirs
by LHC the legal heirs cannot relinquish their share in property
separate registered relinquishment deed is necessary
Noc would suffice, if you are petitioning before the court for the legal heirship
Legal heir certificate shall be issued in the name of all legal heirs. For rest a separate agreement is required to be executed snd be registered containing the terms as stated in query. Take assistance of a competent lawyer.
Both willl attract stamp duty family settlement is good option
By way of gift deed. No stamp duty if executed in favor of blood relative.
- As per law, after the demise of your father intestate , his property would be devolved upon his all legal heirs equally , i.e. you each having 1/3rd share in the property .
- Further, any of the legal heir can release his respective share in the name of other after executing a registered reestablishment deed.
- A Legal Heir Certificate is also known as Family membership Certificate; and this Certificate certifies the rightful successor and establishes the relationship between the deceased and legal heirs.
- Hence, a person cannot release his share through legal heir certificate in favour of A, and only after executing a registered release deed share can be transferred on the name of A.
Dear Client,
The legal heirship certificate serves a distinct purpose from property transfer documents. Issued by the government, the legal heirship certificate verifies the rightful successors entitled to inherit the deceased person's assets.
In cases where the legal heirs collectively decide to transfer properties smoothly among themselves, they have the option to formalize this arrangement through either a registered family settlement deed, a registered partition deed, or a registered release deed. The chosen legal heir may receive relinquished rights from other legal heirs, all documented appropriately.
It's important to note that any transaction involving immovable property necessitates a registered document.
