Family settlement
vinod sharma
(Querist) 05 February 2012
This query is : Resolved
five brothers are holding 80 bighas of agriculture land in delhi . all of them are in physical posession on site of 16 bigha each but on the land which they are sitting or are in their posession is/are in the name of other brothers in the record . in other words the land on which the one brother is sitting / having physical posession is not in his name in the revenue but in the name of other brothers . some of the land is deh saamlat ( in joint names of brothers ) . the two of the five brothers have died but befoore their death they had executed the will on the basis of which their legal heirs have got the property mutated in their name . now all of them wants to transfer the said lands on which they are sitting or are in their posession through a family settlement deed . now my query is :-
1. can a family settlement deed be executed and registered in this case . if yes , what is the stamp duty .
2. will the family settlement deed be valid?
3. can the parties get their share of land mutated in the revenue records on the basis of the family settlement .
4. will there be any problem in getting the lands mutated in their name on the basis of family settlement .
respected members kindly help . thanks
Shailesh Kr. Shah
(Expert) 05 February 2012
Law relating to agricultural land is differ from state to state. It would be better to enquire local advocate.
or wait some time to attend your query, who have knowledge about said law.
Devajyoti Barman
(Expert) 05 February 2012
Yes is the answer for all your queries except the issue on the stamp duty which needs to be known from the Registration office.
Kirti Kar Tripathi
(Expert) 05 February 2012
I agree with Mr. Debajyoti. answer of your all queries is yes.
Advocate M.Bhadra
(Expert) 05 February 2012
As per your query No.1 to 3 the answers are :yes and query No.4 the answer is :no
prabhakar singh
(Expert) 05 February 2012
The answer to all of first 03 queries are in affirmative and to that of 04 is in negative.
Registration would be required and stamp duty can be inquired from sub registrar's office of the area where the property is.There would be no problem in mutation.
Get in touch of a local revenue or civil lawyer.
