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VR (Manager)     24 March 2010

Post Settlement Legal Claim

Dear All, This is my first time - so please excuse if the question has been discussed earlier. Here goes.

My father owns few immovable and movable assets and wishes to settle (gift / settlement) my Sister who is married with no children. There are absolutely no family issues and all is well. The settlement is going to be made in cash for a property my sister is interested in and the agreement (between sister and father) is that post the transfer of cash, she should not be liable for any other claims on his property or of her siblings or any other legal heirs to my father property (All properties are self-made and nothing is inherited). The question to the forum is as follows :

1) Other than a will, can we institute a declaration / deed from my sister saying post she receives the cash, she and her legal heirs will have no claims whatsoever on the father's property or his legal heirs.

2) Would it suffice to get this registered with the sub-registrars office or do we have to get this filed at the courts.

3) The idea is to mention in a legal document, that she has no rights whatsoever in any movable or immovable assets of my father - do we need to list all assets or can we say "all assets, movable or immovable"

4) Is there a template for this "declaration for no legal claims" - it would be very helpful to understand.

5) What is the rock solid way to settle this ?

Some additional points to note : My sister or me or other siblings have no right on my father's property during his lifetime since the property has been acquired through his own earnings. He is constituting a will as well.

Many thanks in advance for your efforts.



Learning

 8 Replies

Gundlapallis (Advocate)     24 March 2010

Your father can distribute his self acquired property as per his will and pleasure.  Answering your question point wise:

 

1.  Will is enough - but still as he is paying her during his life time no harm in obtaining a relinqushment deed executed by your sister in your favour.

2. No need to go to court - the document has to be registered at registrar's office, that's all.

3. It's always better to detail everything.

4. It's better engage an advocate and get it done instead of trying it yourself.

5. :You already had this 'rock solid' idea :) don't worry.

 

If he is constituting a will whether you mention or not you or your sister will not have any rights until your father's time.  The 'will' will get into operation only after the loss of it's maker.

  

 

1 Like

Suchitra. S (Advocate)     24 March 2010

Perfect answer by Gundlapallis, Sir.

1 Like

VR (Manager)     24 March 2010

Dear Gundlapallis Sir,

Thank you for your reply ! Yes we have engaged our family advocate - The reason to check at the forum was because he had constituted a "release deed" between my sister and father and when I went to action this at the registrar's office, I was told that since my sister has absolutely no right on my father's property, a "release" deed might be inappropriate, rather a "declaration" could be constituted.

From your reply, I gather that a "release" and "relinqushment" are one and the same ! Am I correct or is there more details to this ? Many thanks in advance to you and the forum for considering this.

VR.

Suchitra. S (Advocate)     24 March 2010

VR Sir, yes, I think the registrar is right in saying a declaration deed can be obtained from your sister rather than a relinquishment deed. "relinquishing" comes into picture when someone has got a right in the proerty and then if they want to relinquish the same. Here in this case, it should be a  'declaration".

VR (Manager)     24 March 2010

Thank you Suchitra !

Dear Forum : Any other comments / suggestions on this topic ? Thanks a lot.

Gundlapallis (Advocate)     24 March 2010

Release deed : Release of present rights on the  property.

Relinquishment deed : Relinquishment of future rights or claims. 

Gundlapallis (Advocate)     24 March 2010

Your Registrar is right in saying 'release deed' is not applicable - he can register a deed for relinquishment of future rights or he can register a 'settlement deed' in the present context. 

Gundlapallis (Advocate)     24 March 2010

By what ever name the deed might be called - the substance in it gives the real charecter of the deed. 


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