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Varun   17 March 2023

Which deed would suit me best release deed or settlement deed ot any other with respect to my proble

My father(person 1) owns some properties in bengaluru, similar is the case with my father's brother's son.(person 2) Now there were disputes related to their properties, now they have come to a decision to settle it peacefully by releasing some of the property in their names to each other. In doing so there are 3 properties related to this as listed below

Schedule 1: one gunta of land

Schedule 2: 3 guntas of land in my father's name

Schedule 3 : 3 guntas out of 1 acre land in my father's brother's son's name

Note: all these three lands are situated in different places. i.e they are not a part of single piece of land

Now person 2 is ready to release schedule 1 properry to person 2

Person 1 is ready to give schedule 2 property by recieving schedule 3 property. 

Now my question is what type of deed should they make. Because some of them in talhuk office said that 11e sketch is nor possible for land less than 5 guntas, is there any exception for blood relations, 

Because now if 11e sketch is not done, the sketch of the exchanged lands wont be available to us from the government, and would hamper our further development in our respective lands. 


 4 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     17 March 2023

No.  This shall be treated as Exchange Deed.

Varun   17 March 2023

Thankyou for your reply sir. 

But sir can the exchange deed be made for land less than 5 gunta, and can 11e sketch also be made for the same?? 

Anand Bali Adv. (Advocate Solicitor & Consultant)     18 March 2023

1.  no family Settelment Deed can be held between two.

2. The deed of settlwement will be called as Exchange deed and will attract Stamp Duty of the same rate as of the sale deed.

3. Because the area is very small and is less then the land sactioned by the sate Land Law for consideration of Transfer from one to another individual. it can not be registered.

4. You can only mutually agree for use of the settlement land asres for each other to avoid any dispute. 

5. In case you want to give it a legal shape make out larger permissable area of land to get transferred from each other's land including that small portion ( if any) and them make out one Exchange deed between you two and get it registered by paying the stamp duty, but it will be a very costly affair.. It is better you both get done "an easement deed" between two and get it registered and go by that. 

Shashi Dhara   18 March 2023

Draft partition deed and register it with less money.

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