purushothaman (accountant) 10 April 2010

settlement deed from father in law to my wife & sister in la

Dear All,

My wife, have a two married sister and major brother, now my father in law has decided to gift a plot measuring 2000 sq ft (approx) to my wife and her 2nd sister, equally. My question what is the formalities have to adopt to register the property and other questions are follows:-

a) whether we can for settlement deed and gift deed?

b) is the necessity to obtain No objection letter from her 1st sister and brother?

c) approx what will be the registration and documentation cost? property located at Nandivaram near tambaram, chennai.

d) what are the other formalities have to adopt.

Please advice, elaborately and send format of settlement deed.

Purushothaman j

Reply Follow

4 Replies

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613) 11 April 2010

//what is the formalities have to adopt to register the property//

Your father in law can gift the property by executing and registering the gift deed. No special formalities are required.

//a) whether we can for settlement deed and gift deed?//

Almost both documents are same, except minor differences. Both options are available.

//b) is the necessity to obtain No objection letter from her 1st sister and brother?//

If the property absolutely belong to your father-in-law, then NOC is not required.

//c) approx what will be the registration and documentation cost? property located at Nandivaram near tambaram, chennai.//

Stamp Duty is Rs.10,000/- ( It is maximum stamp duty irrespective of value of property gifted/settled)

Registration Fee is Rs.2000/-

vijay kumar goud (student) 12 April 2010

hi ramesh sir,
this is vijay from hyderabad actually ia m a married i got marraige 2yrs before my problem is my uncle told me to give 35lakh rs as dowry as my wish he accepted to give his land of cost 35 lakh but after marraige he changed his mind now he is not willing to give .my uncle is having three daughters and one son.my wife is elder .and one thing he made his overall property with his wifes name that is my auntys name.so i heared that sec2005 of 39 hindussessions act says that every child wether son or daughter is having equal right in his fathers property
but here i have some doubts
1) this is not the ansisters property this self aquired by her father
2) he kept his property in my auntys name
3) he earned this property half in 2003&some part of property in 2006,2007

4) here my actual ques is wether my wifes have eqal share in her fathers propety

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613) 13 April 2010

2005 Amendment to Hindu Succession Act, made a daughter as equal share holder as that of a son in respect of ancestral properties. As fra individualseparate properties od either father or mother are concerned, neither son nor daughter have right as long as the individual is alive. After the life time of individual, son and daughter can get the property by inheritance.

You wife cannot claim any share against her father for above said reasons.

vijay kumar goud (student) 25 April 2010

hi ramesh sir actually my father in law is living along with his parents both father and mother is alive some part of the property is earned by my father in laws father but here one prob is his father made all his self earned property in name of my mother in law.here my ques is will this property be self aquired or ancestral property from my father in laws point of view