• Registration of Settlement deed on land distribution in family

Registration of Settlement deed on land distribution in Family of 4 daughters and 1 son. No Will by parents.  
First Daughter  then Son then 3 daughters. Lineup is DSDDD and we are all in mid 40’s.
Originally land was bought by my father, 1 Acre on his name, 1 Acre on my mother’s name and 1 Acre on Son’s (me) name.
Now we all agreed to have distribution of this 3 Acres  piece of land in a proportion of 2 acres for son (i.e. me)  and 1 Acre for 4 sisters (4 quarters)
How to proceed to have correct, safe and legal way of doing this as per Indian law. 
Step wise process of doing this will be appreciated 

Can I add some terms and conditions in same settlement deed on few things that we all of us agreed upon. For Ex: Borewell is for all not just for the person who got it in their share of land. 

Does everybody will get the original settlement deed or certified copies? 

Who keeps the original registered settlement deed? 

Who will have the original link documents after doing the registration of settlement deed?
Asked 10 months ago in Property Law from United States
Religion: Hindu
1) you need to contact a local lawyer

2) deed of family settlement would be drafted as per your instructions 

3) it should be duly stamped and regd

4) it can be mentioned in deed of settlement that all parties would be eligible to use the bore well 

5) original link documents would be available for inspection by all the parties to settlement deed . it can be mentioned that son would have original link documents 
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
5.0 on 5.0
1) you cannot restrain your sisters from selling the land after settlement deed is registered . they would be absolute owners of their share of land 

2) clause can be inserted that in case any sister desires to sel their share you / your legal heirs would be given first right of refusal provided you are willing to pay the marke value of the land 
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
5.0 on 5.0
1. Instead of going for Family Settlement Deed, go for Partition Deed.
2. The conditions can be incorporated in the Partition Deed itself.
3. Except one person, others can take certified copies which are as good as original document.
4. Being the self acquired property of your parents and have died intestate,  all the 5 siblings are entitled to equal share.
5.Any one of you can keep the original and it may be you also.
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
5.0 on 5.0
Hi,
Have you obtained Heirship certificate from the court? In absence of will you all ie; all four brother and sisters must approach a district court of the locality where the property is situated for heirship certificate. The court will issue it in the name of all four brother & sisters. At present none of you are the owner of your parent's property. 
Rajni Sinha
Advocate, Mumbai
273 Answers
25 Consultations
4.8 on 5.0
1. You already have one acre of land in your name. So, there is no need for making settlement for the said land to save stamp duty,

2. The remaining 2 acres can be settled and in the said settlement deed, it can be mentioned that all the parties agreed for your having the 1 Acre of land for which they do not have any complaint or claim,

3. The said 2 acres can be settled by by gibing 1 acre to you and i quarter each to the 4 sisters,

4. In the said settlement deed you can also add the additional points and terms for the settlement which will be binding on all the parties.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
1. You can get it mentioned in the said settlement deed as to who will hold the original registered deed and all link deeds,

2. You can not restrain them in selling their share of the property by keeping the original deeds. The sale can be conducted based on the certified copies also,

3. had it been a dwelling house, it was mandatory on their part to offer the said share to you first for sale at the rate they ware being offered. Since it is land, you can not restrain them in selling their said share,

4. You can get the clause mentioned in the settlement deed that before selling their share of the property bto a third party, they should first offer it to you at the same price they were offered by third parties.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
The best way is to mutually settle all the properties and prepare settlement deed. Get the deed registered. According to registration act, largest share holder has right to possession over original registered deed and rest holders get certified copy. If all holders have equal share then any one get original and rest possess certified copy. 
Shivendra Pratap Singh
Advocate, Lucknow
2771 Answers
41 Consultations
4.9 on 5.0
1. If there is a positive agreement to amicably divide the properties then a partition deed or family settlement may be executed among the heirs to divide the properties and enjoy separate possession thereof thereafter.

2. The deed ought to be registered. A copy can be retained by every heir.

2. By an agreement among the heirs it can be decided as to who will retain the original title deed of the properties. 
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
You have more rights than your sisters as apart from succeeding to the share of your father and mother you own 1 acre land in your own name. As I said, all of you can decide who will retain the original title deed of mother and father's properties. 
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
How to proceed to have correct, safe and legal way of doing this as per Indian law. 
Step wise process of doing this will be appreciated 
If all the share holders agree for a mutual and amicable partition among themselves on the agred terms, the same can be reduced to writing in the form of a partition deed and get it registered by showing the schedule of properties that have been allotted to each individual. 


Can I add some terms and conditions in same settlement deed on few things that we all of us agreed upon. For Ex: Borewell is for all not just for the person who got it in their share of land. 
All the terms and and conditions that have been agreed upon by the all the share holders can be incorporated accordingly.



Does everybody will get the original settlement deed or certified copies? 
The partition deed can be prepared in original into number of shareholders and each individual can possess one each.





Who keeps the original registered settlement deed? 
It is not settlement deed, but it is partition deed, each individual shall have one set of actual settlement deed.






Who will have the original link documents after doing the registration of settlement deed?
One with major share can possess the original link document while others shall possess the certified photo copy of the same.

T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0
How if every body wants original registration of their share ? 
It can be prepared in original to the extent of number of people


 

Its not ancestral property and I am the legal heir and as son do I have more rights than  the sisters if any of the brother in laws wants to sell the land on any of my sisters name. For this reason, I want to keep the documents wtih me. 
There is no special status for the son, all are equal and the law is applicable equally to all. 



How legally i can demand sisters or brother in laws to have a custody of all original link documents with me so that no body sells the land and it goes to the next generations.
Since you are the major share holder, you can very well possess the link documents yourself.



T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
5.0 on 5.0

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