family settlement deed


Hello,

My father-in-law passed away without a will, leaving my mother-in-law and my wife as his legal heirs

He had a joint property with his brother in delhi.Now my mother-in-law wants to transfer the share to my wife.

We have been suggested a relenquishment deed for the above purpose.Also she wants that my wife should

enjoy sole rights and not jointly with her uncle.For that purpose someone has recommended Family 

settlement deed and someone says that Partition Deed would be a better bet.Which would be a better

recourse?

Also,would there be any liability for stamp duty?Can my wife get the property registerd and resale it without

any problem at a later date. I Would be thankful for your valuable advice.

 
Reply   
 
Advocate Chennai. Formerly Civil Judge. Mobile.09444261613

It is joint property and not family property.

After the death of your father-in-law, family settlement will not be right solution.

Make partition with the brother of your father-in-law as one party and your wife and mother-in-law as other party.

After partition, your mother-in-law can  execute release deed in favour of your wife.

This will be simple mode of transfer.


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Thank you so much for your valuable advice.

 
Reply   
 
LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA

Dear Munish,

U should go through the partition

 
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