Murthy 02 July 2025

Family settlement

HUF Mother died executing a unregistered memorandum of agreement (instead of a will) bequeathed house consisting of 2 floors to 2 sons and 3 daughters signed with no objections.The Katha is in joint names of 2 sons .They desire to partition the property .

What is the proper document to be executed to perfect title of each of sons .D2E3

Should daughters execute release deed in favour of brothers or a confirmation deed / settlement deed and subsequent partition deed has to be executed .pls guide

Thanks

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8 Replies

R.K Nanda (Advocate) 02 July 2025

Execute registered partition deed.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 02 July 2025

The proper documents to be executed include a registered partition deed among the sons and release deeds from the daughters in favour of the sons. Following these steps will help in perfecting the title of each son and legally partitioning the property as desired.

kavksatyanarayana (subregistrar/supdt.(retired)) 02 July 2025

I agree with the above experts.

T. Kalaiselvan, Advocate (Advocate) 03 July 2025

The dughters should execute a registered release deed relinquishing their rights in the property subsequent to which the sons can draw a partition deed and get it registered by paying applicable stamp duty.

Murthy 03 July 2025

Does a regd family settlement deed / confirmation deed and subsequent regd partition deed hold good in the instant case ? pls guide.

T. Kalaiselvan, Advocate (Advocate) 03 July 2025

Registered family settlement deed, if states that the daughters were given their share in kind or consideration insofar as their share in the property is concerned then the registered partition deed subsequent to this should suffice the further legal requirements.