Settlement deed in name of two persons
Querist :
Anonymous
(Querist) 03 March 2010
This query is : Resolved
Hi,
My mother is owning a plot with approved building. The property (plot) has been duly probabted in the high court after my grandfathers death since it was a registered will.
My mother wishes to settle the plot with building in name of my brother and myself.
Is it advisable to register a single settlement deed or two settlement deeds.Will we have to go for single or two pattas.
if we go for two settlement deeds with the plot divided equally, what about the building. How will my brother and I enjoy the building. In case of any dispute later what would be status of building (G+1 flr).
Also, in case of two settlement deeds will we have to for two electricity, water tax and property tax.
As of date, my brother and I would like to go for a single settlement deed so that we enjoy the complete piece of plot and building. Also we will have one electricity, water tax and property tax.
Please advise.I am in need of your community help.
Raj Kumar Makkad
(Expert) 03 March 2010
Your wish is legally right. Execute a single Settlement deed which shall contain all the facts and terms of use. One settlement deed do not imply that no two units can be made. Electricity, water and all other amenities can also be taken separately as per wishes of you brothers. There is no hurdle to make any future provision therein to avoid any future dispute in the same settlement deed.
G. ARAVINTHAN
(Expert) 03 March 2010
One Settlement Deed will do.
A V Vishal
(Expert) 04 March 2010
In order to put all future litigations to rest let your mother divide the property between the two of you now and execute a single settlement deed and register the same.
Guest
(Expert) 04 March 2010
i do agree with experts
Querist :
Anonymous
(Querist) 05 March 2010
Thank you all for your response.
Hi VIshal,
I am unable to capture your opinion. If the property is divided into two, doesnt it mean we have to make two settlement deeds.
Is it something like this.
1) Make schedule A and B for the plot for my brother and me
2) the building will be an undivided share.
Also if we are making a settlement as per point 1 and 2 above, is it possible for us to construct a second floor.
