Family settlement
असेही म्हटले जाते: family arrangement
An arrangement among family members to settle disputes or possible claims over family property. Courts favour such settlements, and a memorandum recording one already made may not need registration.
A family settlement (or family arrangement) is an agreement among members of a family to divide or allocate property and end disputes, or possible disputes, about it. It is often used after a death, when the heirs agree among themselves who keeps which property.
The law behind it
In Kale v Deputy Director of Consolidation (1976), the Supreme Court said family settlements should be upheld where they are bona fide, voluntary and fair, and made to resolve family disputes. The Court also drew a line on registration: a document that itself creates or declares rights in immovable property needs registration under Section 17 of the Registration Act, 1908, while a memorandum that only records a settlement already made orally does not.
When to register
- If the deed itself divides immovable property, register it and pay stamp duty.
- If it only records an earlier oral arrangement, it may not need registration, but the wording must truly reflect that.
- Banks, buyers and the revenue office usually prefer a registered deed.
Include everyone
A settlement signed only by some family members does not bind the others. Everyone who has or claims a share should sign.
Compare with a partition deed and a relinquishment deed. Draft a family settlement deed, and read family settlement deed registration.
खालील स्रोतांच्या विरुद्ध तपासले ७ नोव्हेंबर, २०२६ IST. भारतीय कायद्याबद्दलची सामान्य माहिती, तुमच्या खटल्यासाठी कायदेशीर सल्ला नाही.
ही संज्ञा वापरणारे दस्तऐवज
अधिक स्पष्ट करणारे मार्गदर्शक
- Family Settlement Deed: When It Needs Registration in India
A family settlement does not always need registration. What decides it is whether the paper records a settlement already made or itself transfers rights in property.