Dear Prashant
If they want to give you their share then execute a relinquishment Deed and registered the same before registrar office.
There ia no need for any partition or family settlement Deed.
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Settlement deed vs Partition deed
My father died inestate and therefore our ancestral property needs to be settled with my mother and sister. My question are A) do we need a partition deed or family settlement deed? This is of importance as the stamp duty (settlement) in the state of Andhra Pradesh twice the partition deed stamp duty. Also, my mother and sister are more than willing to forgo their share of the ancestral property and willing to transfer their share to me. B) Can my mother and sister write of their share via a partition deed? Prashant
Asked 8 years ago in Property Law
Religion: Hindu
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10 Answers
1. On what basis do you call the property ancestral? Under Hindu law a property becomes ancestral only if it was originally purchased by grandfather and travels up to the fourth ascendant without division.
2. If the property is ancestral then a partition deed may be executed which will have to be registered. Alternatively, family arrangement may be executed which does not require registration if a memorandum thereof is recorded.
3. Your mother and sister can relinquish their share only through a relinquishment deed.
your mother and sister can execute deed of relinquishment or gift deed to relinquish or transfer their share to you
2) you can athen transfer property in your name
3) partition deed is for division of property by metes and bounds . in your case since they are willing to relinquish their share you dont need a partition deed
1. Both settlement deed and partition deed can solve your problem. However settlement deed is mostly done by a single person to distribute his properties. In your case partition deed is more suited.
2.yes through partition deed shares can be transferred.
3. Another option is gift deed whereby your mother and sister will transfer their share in your name.
If your mother and sister, who both are co-sharers along with you to the properties left behind by your deceased father, who is reported to have died intestate, would be willing to give away their shares out of the said properties to you, then they may execute a joint registered release deed relinquishing their rights in the said properties in your favor.
After that you may apply for mutation of revenue records in your favor and also may apply for transfer of all other relevant records of the property in your name.
This step may a cost effective process too.
Kalaiselvan, mutation already done in my name on the basis of an unregistered family settlement deed. A) Can I register the deed after mutation B) Can I do a partition deed to save on stamp duty? Thanks
Asked 8 years ago
The maximum time limit to register a deed or document is 4 months from the date of its execution.
Please be aware that the mutation or records is different to that of the registered document.
The mutated records are not title documents neither it will confer title to the property on your name.
A registered deed in your name alone can hold you conferred with the marketable title to the property in your possession.
You may get a fresh settlement deed drawn in your favor and get it registered paying the applicable stamp duty and registration charges, suppressing the mutation details for the present.
A partition deed will indicate only your share in the property, you cannot become owner of the entire property by a partition deed.
Your mother and sister shall be allotted with their respective share in the property, then how will you acquire complete properties if you are going for a partition deed?
Do not hastily decide about the wrong solutions.
mutation in revenue records is only for payment of property taxes
2) “A revenue record is not a document of title. .
3)well settled law that mutation of land does not create any right and title in favour of one or other parties
4) it is better to register deed of family settlement
1. This will be a settlement deed since your mother and sister are settling their shares of your father's property in your favour.
2. In case of partition deed, they shall have to have their share of the property partitioned after which they can register gift deeds in your favour conveying the title of their shares of the said property in your name.
1. It will be prudent on your part to register the settlement deed after the process of mutation is over.
2. it will be a settlement deed only and not a partition deed since the property will not be partitioned by metes and bounds.
The deed can be registered by paying the stamp duty and penalty, if any.