DIFFERENCE BETWEEN FAMILY DEED , PARTITION DEED, RELEASE DEED
jach000019
(Querist) 18 June 2011
This query is : Resolved
WHAT IS THE DIFFERENCE BETWEEN FAMILY ARRANGEMENT DEED AND PARTITION DEED AND RELEASE DEED. SECONDLY IN MUMBAI
1) ARE THESE DOCUMENTS ARE OF SPECIFIC FORMAT.
2) CAN THE DESCRIPTION OF THE WILL CAN BE MENTIONED IN THESES DOCUMENTS.
3) AFTER THE NOT REGD. WILL LEFT OF THE DISEASED AND SOME DISPUTE IS THERE AMONG THE LEGAL HEIRS IN RELATION WITH THE PROPERTY OF THE DISEASED WHAT DOCUMENT SHOULD BE PREPARED TO AVOID THE FURTHER DISPUTE IN THE FUTURE.
4) AFTER EXECUTION OF THE DOCUMENT/DEED IS IT ADVISABLE TO OBTAIN THE PROBATE OF THE WILL.
5)FOR TRANSFERRING AND THAN SELLING THAT PROPERTY WHICH THE LEGAL HEIR WILL GET AFTER EXECUTION OF THAT DEED THAN WILL SOCIETY AND OTHER ORGANIZATION/COMPANIES CAN DEMAND PROBATE FOR THE TRANSFER OR SELLING OF MOVABLE OR IMMOVABLE ASSETS.
6) CAN WE MENTION THE MOVABLE PROPERTY IN RELEASE DEED.
7) WHAT IS THE PERCENTAGE OF STAMP DUTIES IN MUMBAI.
8)IF AFTER MAKING OF THESE DOCUMENT OR DEED IF PROBATE IS APPLIED THAN WILL THE PARTICIPANT OF THIS DEED CAN TAKE THE OBJECTION FOR OBTAINING THE PROBATE.
9)IF SOME AMOUNT IS GIVEN TO ANY PARTICIPANT SO IS IT ADVISABLE TO MENTION THAT AMOUNT IN THE PARTITION/FAMILY/RELEASE DEED OR TO AVOID THE GOVT. LEVIES I.E STAMP DUTY IT CAN BE WRITTEN THAT ON THE BASIS OF THE WILL ALL THE ASSETS ARE DISTRIBUTED AS PER THE WILL.
10)AFTER PAYING THE SOME AMT. TO ONE OF THE LEGAL HEIR CAN THE EXECUTOR OF THE WILL CAN APPLY FOR THE PROBATE, WILL IT BE GOOD IN THE EYES OF THE LAW.
Devajyoti Barman
(Expert) 18 June 2011
1. No
2. Yes
3. Getting all the parties made in the party to the deeds as confirming party or witnesses.
4. Will without proabte is not enforceable.
. Not clear
.No
8.Yes
9.Yes
10. yes
jach000019
(Querist) 20 June 2011
Q5)AFTER MAKING THE CONCERNED DEEDS FOR EXAMPLE IF RELEASE DEED IS MADE AND ONE HEIR GET THE IMMOVABLE PROPERTY SAY FLAT PREMISES AND WHEN HE APPROACHES TO THE CONCERNED SOCIETY FOR GETTING IT TRANSFER IN HIS/HER NAME OR SAY THE FLAT PREMISES IS ALREADY TRANSFERED ON THE BASIS OF THE UNREGD. AND ON NON PROBATED WILL BUT BEFORE MAKING THE RELEASE DEED AND IN FUTURE IF THE HEIR ON WHOSE THE PROPERTY IS WANTS TO SELL THAN WILL THE SOC. WILL DEMAND THE PROBATE OF THE WILL OR SAY IF ONE HEIR GOT THE SHARES OF THE JOINT STOCK COMPANY ON THE BASIS OF THE FAMILY ARRANGEMENT DEED NOW IF THAT HEIR IS SENDING THE SHARES TO THE COMPANY FOR GETTING IT TRANSFER SO CAN THE COMPANY CAN DEMAND THE PROBATE OF THE WILL.
Q7) WHAT IS THE PERCENTAGE OF STAMP DUTY IF THE AMT. IS MENTIONED OR NOT MENTIONED IN THE RELEASE DEED AND WHAT IS THE PERCENTAGE OF STAMP DUTY IN FAMILY ARRANGEMENT DEED.
