1. Since ABC is the absolute self-acquired property of the parent validly sold to Karthik in 2020, the correct way for Karthik to transfer it to Arun is through a registered Gift Deed with delivery of possession (best option with concessional stamp duty in Karnataka on family gifts) or alternatively a Sale Deed.
2. Relinquishment Deed is not legally applicable because the property is not inherited or joint family property.
3. The condition that Arun must give up all future rights in the parents’ remaining properties should not be inserted in the Gift/Sale Deed, as it can make the transfer defective.
4. The family members/both brothers may execute a separate registered Family Settlement Agreement stating that in exchange for receiving ABC, Arun permanently waives all future claims over the parents’ other movable and immovable assets, which provides strong legal protection and avoids future disputes. (Not mandatory)
5.  Once the Gift/Sale Deed is registered and mutation/khata updated, Arun will have clear and marketable title and will face no issues in disposing of ABC to any third party in future.

1. Either gift deed or a sale deed will be appropriate in transferring the property ABC, as it's title is clearly with Karthik. Relinquishment deed is not applicable here. 
2. It's better to execute a separate MOU between Arun and Karthik by mentioning all terms and conditions they've agreed upon. 
3. In order to avoid future litigations between the two, it's better that Arun relinquishes his rights over other properties by executing Relinquishment Deed for each of those other properties specifically.
4. There will be no issues if Arun tries to dispose off the property ABC to any third party in future, if it is acquired by him vide a Gift Deed/ a Registered Sale Deed.
5. In short, 3 documents are needed to be executed: Gift/ Sale Deed for transfer of ABC, MOU for mutually agreed terms between the two and lastly seperate Relinquishment Deed for all other properties to be executed by Arun in favour of Karthik.

Based on the facts provided, the property ABC is already the exclusive and absolute self-acquired property of Karthik, because it was transferred to him by a valid registered sale deed in 2020. No sibling has any legal right, claim or consent requirement in respect of ABC.

You may please note the following points:

1. Best method to transfer ABC from Karthik to Arun
Since both are siblings, the simplest and most cost-effective method is a Registered Gift Deed.
– Gift between siblings attracts concessional stamp duty in many states.
– Relinquishment Deed is not appropriate because that is used only when multiple co-owners jointly inherit property. Here, ABC already belongs solely to Karthik.
– Sale deed is legally valid but will attract higher stamp duty and capital gains tax implications. Gift deed is safest and clearest.

2. About Arun’s declaration of “no future claim” over parents’ other properties
This condition cannot be included inside the Gift Deed because:
– A Gift Deed must be unconditional under the Transfer of Property Act.
– If you add conditions about future inheritance, the Gift Deed may become invalid.

Therefore, this declaration must be executed in a separate written agreement.

3. Type of document for the mutual understanding
You should prepare a separate Family Settlement Agreement / Declaration, signed by both Arun and Karthik, where Arun states that:
– He has voluntarily accepted ABC property.
– In exchange, he will not claim any share in his parents’ present or future movable/immovable properties.
– His spouse and children also agree not to claim any share (they should also sign if possible).

This agreement must be:
– In writing,
– Signed by both parties,
– Preferably notarised,
– Not registered (registration optional),
– Kept for record to avoid future disputes.

4. Whether this declaration binds future inheritance rights
Legally, a child cannot “give up future inheritance” of a living parent because the parent is free to change their will anytime. However, when siblings mutually exchange benefits under a family settlement, courts generally uphold such agreements. Hence, the Family Settlement Agreement will have strong evidentiary value and prevent future disputes.

5. Future sale of ABC property by Arun
Arun will face no legal difficulty in selling ABC to a third party in the future if:
– ABC is transferred by a registered Gift Deed from Karthik to Arun;
– Property taxes and records are mutated in Arun’s name;
– Family Settlement Agreement is preserved as background document.

The earlier sale deed from parent to Karthik and the Gift Deed from Karthik to Arun together create a clear chain of title.

In summary:
– Use a Registered Gift Deed for the property transfer.
– Use a separate Family Settlement Agreement for the “no further claim” condition.
– No sibling witnesses are required legally.
– Arun will not face issues in future sale if records are updated properly.If you wish to contact us, you may do so on https://qrco.de/syslaw

Best to execute relinquishment deed

Sale deed is best option of property is being sold fir consideration 

2) if no money changes hands then  gift deed Is the best option 

3) no need to mention condition in sale  deed or gift deed 

4) Arjun can execute relinquishment deed that he will not claim any share in property 

1. The transfer of immovable property between siblings can be by registered gift deed or by registered sale deed, a relinquishment deed may not be legally valid mode.

2. Karthik cannot force Arun to declare that he will not claim any share in future because any such declaration is not legally valid. Moreover the parents are alive hence no such declaration or transfer of property between between siblings is legally valid.

3. Exchange of property can be only when the other sibling is also having any property as on the date 

4. It will be considered as an illegal and invalid transaction.

1. A sale deed , and if there is no consideration taken by the Karthik then he can registered a gift deed.

2. This condition cannot be mentioned in the sale deed , in the absence of any share in the future property , however he can give a separate declaration for the same. 

3. Yes

4. No

mutual agreement is valid

you  cna contact any lawyer on this website for drfating sale deed or gift deed 

mutual agreement 

Firstly, karthik is not forcing Arun to leave the share in other properties and whoever tells you that the MOU is not not valid, you may neglect such advice. It is very much valid and enforceable. But as I mentioned, after Karthik and Arun enter into the MOU, Arun will have to execute Relinquishment Deed for every property other than ABC. The MOU will bind Arun to execute Relinquishment Deed in favour of Karthik or the Gift/ Sale made to Arun will become invalid and the property ABC will go back to Karthik, but it has to be mentioned as a term and condition of the MOU. It plays a major role here. 

Your understanding is correct that the declaration will not be included inside the Gift Deed, but will be executed separately as a mutual Family Settlement Agreement between the two brothers. However, the question is whether such a declaration will be legally valid and whether it can permanently bind Arun’s inheritance rights in future.

To answer your questions clearly:

A person cannot legally give up “future inheritance rights” while the parent is still alive, because the law says that inheritance rights arise only after the parent’s death. Until then, the parent is free to sell, gift, or will away their property to anyone they want. Therefore, no agreement signed today can prevent anyone from inheriting in future as per strict legal theory.

However, Indian courts, including the Supreme Court, consistently uphold Family Settlement Agreements made between family members when the agreement is voluntary, written, and both sides have received some benefit in exchange. In your case, Arun is receiving ABC property, and in return he is giving up future claims. This “give-and-take” makes the settlement strong and enforceable.

So while such an agreement is not a “surrender of inheritance” in the strict legal sense, it is still a binding family settlement between siblings. Courts do not interfere with such settlements unless there is fraud or coercion.

To answer your specific questions:

1. The mutual agreement is legally valid as long as:
    It is a voluntary family settlement,
    It is signed by both sides,
    It records clear consideration (Arun receiving ABC property),
    It is notarised,
   – It is kept as a permanent record.

2. No document can absolutely block future inheritance rights, but a properly drafted Family Settlement Agreement is the closest and strongest method available. It has been upheld in many cases and will prevent future disputes because Arun has already accepted his share and cannot later challenge the remaining property.

3. The best method is:
   A Registered Gift Deed from Karthik to Arun for ABC property,
   A Separate Family Settlement Agreement where Arun gives a written declaration that he has taken ABC as his complete share and will not claim anything further in parents’ movable or immovable property.

4. Arun will not face any issues selling the property in future as long as:
    Gift deed is properly registered,
    Mutation is updated in his name,
   He preserves the family settlement for title chain clarity.

If you need drafting of both documents — the Gift Deed / Sale Deed and the Family Settlement Agreement — I can assist you with paid drafting support. If you wish to contact us, you may do so on https://qrco.de/syslaw 

The mutual agreement and the declaration executed by an unregistered document insofar as the immovable property is concerned is not legally valid as per section 17 of The Registration act..

You can get the proposed documents properly drafted by an experienced advocate either from this website or outside and get it registered if you want it to be a legally enforceable document to prevent future litigation interests.

Future inheritance rights, if any, will arise independently from the respective ownership lines. Therefore, there is no need to be concerned about future claims arising on that basis.

Any declaration between the parties may either be incorporated within the Gift Deed or Sale Deed, or executed as a separate agreement. Legally, the validity of the declaration does not depend on its placement; if it is otherwise valid and enforceable, its enforceability remains the same in either form.

You can contact me through kanoon I can get you the deeds drafted.

Sir/Ma’am

If you need any further assistance for the same.You can approach me through Kaanoon or LinkedIn.

https://www.linkedin.com/mwlite/in/prashanth-nayak-5477b138

You can reach me on 09 yu 769 fg 490 ghj 911

1. Separate registered Family Settlement Agreement (FSA) first: Arun voluntarily relinquishes all future claims on parents' other assets to Karthik (and vice versa if needed); valid & binding via estoppel (Supreme Court: son's relinquishment estops his children too). Do NOT mention in Gift Deed.​

2. Then execute/register Gift Deed for ABC (no conditions inside).

3. No future issues for Arun selling ABC to third party (clear title post-mutation).

- You can enter into a registered settlement deed or mutual agreement after giving the details of the property , as a registered deed in the presence witnesses cannot be challenged