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selvakumar (self)     18 September 2011

Deed (dhana settlement)

I am planning to buy the property from my in-laws. They were saying that we can do the Dhana settlement(deed) to transfer to my wife as they are the blood relations.  Is it safe to go for that?  Eventhogh I am going to pay them and they are suggesting to get as dhana settlement.

Will it be a problem in future?  Is it legal? What are the norms I need to follow to be on the safer side?  What are the measures to take care on this to avoid any issues later.

Can I get Dhana settlement on my name from my brother-in-law rather than on my wife name?

What are the precautions I should take to be on the safer side?



 7 Replies

Advocate Rajkumarlaxman (Advocacy)     19 September 2011

they can dhana to be said to be stridhana later. its better you make clear agreement of sale and sale deed and register the same. why are you opting for the said proposal. and if they really want to give it to you then tell to gift it up makimg a gift deed in your wifes name. but as they are selling it out clearly then why you are making yourself unclear. make the registered sale deed and transfer the title I suggest. See others opinion also in this regard.  

selvakumar (self)     20 September 2011

Dear Rajkumar,

             Thanks a lot for your reply. The reason I accept is that If we do as Dhana settlement then we have to pay the registration as just Rs.10K. If we have to show as sale property then it will be Rs.7lacs. Just making this as dhana settlement I can save that money as it is huge.

              But is it possible I can go with Dhana settlement and then get the separate promisionary note with all there declaration saying that it is the actual sale. So that if any issues comes in future I can show that as the proof.

              I can get all of them My mother-in-law, brother-in-law and her sister to sign on that so that it will be legal. Apart from that I will have the proof of the payment of Bank Check also to be on the safer side.  WIll that be ok?

laxminarayana (Advocate)     24 September 2011

Dear SelvaKumar

Is it your in-laws self (not ancestral property) acquired property if yes go for gift settlement deed, because the Karta (who has self acquired property) has right to sell or gift to anybody.

Is it your in-laws ancestral property (not self acquired property) if yes your wife can get her share of property if it is eligible to get her share that property after dividing all shares. So go for Partition deed name of your wife.

The very low stamp duty on gift/partition deed than the sale deed.

You’re going to buy the property from your in-law I think the sale consideration amount is very low other than the market value. You are lucky to buy it low amount. If you do not satisfy the above my suggestion blindly you can go for sale deed, Here you already going to buy the property with low amount so why you are scared to pay the stamp duty. Please don’t escape to pay the stamp duty it is being a part of our national income and that income use to eradicate the poverty.

selvakumar (self)     24 September 2011

Dear Sir Laxminarayana,

          Thanks a lot for your suggestion.  Yes it is their self acquired property and everything ready to go for gift settlement.

          My question is that will there be any legal issues down the line in future for them to change their mind and create unncessasary issues or disputes or try to revoke dhana settlement. I want to be on the safer side as I am going to leave it for my family. I just want to be in safer side to avoid that. 

          Is it possible they can try to mess up the Dhana settlement through dispute legaly? I knew if everything goes smooth no issues. Just trying to understand and be precautious. If I can do anything to stop that and beware of that. 

sridharan (analyst)     26 August 2012

Dear Rajkumarlaxman.

I have a dhana settlement from my father, I have one elder broder but my father has settled the dead  only myself (reason due to father loan settled and done construction the house etc.,) The settlement done in 2005 and father died 2009

Now I have two problems

1. My brother still occupied the house and cant vaccant. 

2. The Property tax cant change my name

(when i gave the name change of tax to my name the taxt corporation office staff  said i need to get a sign from my brohter with 20rs stamp paper and to mentioned as no objection to change it (as they said the settlement dead has mentioned second son so they asked need brother sign)

Kindly advice me how to procced to the above.

Thanking you

regards

balaji

ram (Engineer)     02 April 2015

Hello sir,

Need Urgent help.


I got land from my Mother as Dhana settlement, land is not our ancestor or fathers property.

It was purchased in my mom name. Dhana settlement is registered in register office under my name.

 

I have applied for Banks Home loan and I constructed the house on this property with my earnings.

Documents are with the Bank rite now.

1) IS THERE ANY CHANCE MY MOTHER CAN CANCEL THE Deed(Dhana Settlement), when documents are with the Bank?

2) Can my mother cancel the Dhana settlement after, I close the Loan?

3) I have a Brother, does he has the legal rights to file a case on the property after my mothers life?

Pls advice, How can I safeguard my property legally?

 

ram (Engineer)     02 April 2015

Hello sir,

Need Urgent help.


I got land from my Mother as Dhana settlement, land is not our ancestor or fathers property.

It was purchased in my mom name. Dhana settlement is registered in register office under my name.

 

I have applied for Banks Home loan and I constructed the house on this property with my earnings.

Documents are with the Bank rite now.

1) IS THERE ANY CHANCE MY MOTHER CAN CANCEL THE Deed(Dhana Settlement), when documents are with the Bank?

2) Can my mother cancel the Dhana settlement after, I close the Loan?

3) I have a Brother, does he has the legal rights to file a case on the property after my mothers life?

Pls advice, How can I safeguard my property legally?

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