transfer of title

john k (Querist) 25 May 2014 This query is : Resolved
Sir ! I hv finised obtaining legal heir certificate, now since my family members are not able to come to me now, is there anyway we make a settlement deed without their presence or they instead send a declaration without having to come or is there any other option, since my father died intestate i was advised to make a family settlement deed, now can i change the title of ownership without the said doc or obtain the said doc first n then change title or vice versa, and can i register it in my name without the settlement deed as on mutual understanding we hv divided our shares. please suggest. Would be grateful...!

Follow Query

Report Abuse

Devajyoti Barman (Expert) 25 May 2014
Family settlement deed needs to be registered for which all of theirs presence and signature is required.

Sankaranarayanan (Expert) 25 May 2014
i do agree with sri Barman

ajay sethi (Expert) 25 May 2014
no their presence would be necessary . family settlement deed has to be duly stamped and registered

john k (Querist) 25 May 2014
Thankyou sir's !

Devajyoti Barman (Expert) 25 May 2014
welcome....

Anand Bali Adv. (Expert) 25 May 2014
In a family settlement deed each and every adult member of the family who is having his share in the property needs to be present and sign to give his/her free consent/assent to the deed.
In case a person can not come he can give a relinquishment deed in favour of any other member of the family by which he shall give all the property rights and claims in favour of that person in who's favour he makes the relinquishment deed.
you only can get change the ownership of the property after getting executed the family settlement deed duly registered in your favour not before that, pl note.

Kolla Gangadhar (Expert) 25 May 2014
Without presence, signatures of other legal heirs, successors of your late father property no deed of settlement can be executed. You are advised to issue legal notice demand for partition of you late father property among the legal heirs, successors and after receipt of legal notice co-sharers of property do not come fro partition you file fro partition suit where property is situated. contact: GLOBLA LEGL SERVICES,emil: globallegalservicesindia@gamil.com

ajay sethi (Expert) 25 May 2014
thanks for your appreciation

Rajendra K Goyal (Expert) 25 May 2014
Family settlement deed need to be stamped and registered in presence of all parties in the settlement. Agree with the experts.

T. Kalaiselvan, Advocate (Expert) 26 May 2014
Well advised by experts, nothing more to add except to suggest that if some one or too many do not come for the proposed amicable settlement among you family members, next option is to issue notice for partition followed by a partition suit in a court of law.