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srinivasan (abc)     29 September 2008


Dear All


Total family member 3 sisters, 4 brothers, Father & Mother (all are alive)


All brothers wants to build & stay in the property, they came to a conclusion that without going to register office, all the brothers wants PAY / SETTLE the amount to the sister (equal share) of the family.


What are the documents to be executed for the above case.........without any problem in the future?


Is it settlement deed or any other documents, please advice


 4 Replies

Priya Ranjan (Sr. Ex.Legal)     29 September 2008

 Appoint a arbitrator with thye consent of all and then the arbitrator will decide the issues and accordingly pass an award and you can save yor movement towards registrar office.

SHEKHAR MISHRA (public servant)     29 September 2008

Priya   Ranjan   has   provided a good  solution.

jatin sharma (LAWYER)     29 September 2008

hi, acc to law, u can do this very simply.first of all write a settlement deed for evry sister of the family .than u give her share before the deed writere and register that deed from competent ur local court. after that ur settelment will be done!but one thing must be consider, the document of deed should be valuable rithg compare with share ,ok.

Jayesh Bheda (Advocate)     02 October 2008

From your question I assume that the property is ancetral property, and therefore all the family members have their share and you wish to avoid stamp duty / registration.

Instrument of partition of the immovable properties is defined under the section  2(15) of the Stamp Act and necessary stamp duty is required to payble accordingly, and it is also transferring/creating interest in the immovable propertey therefore registration under seciton 17 of the Registration Act is also compulsory.

Supreme Court has in AIR SC 1970 833 (Satish Kumar vs. Surinder Kumar) observed that private award related immovable requires registration.

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