Settlement deed among family members
Sridharan
(Querist) 12 June 2017
This query is : Resolved
I was living with my parents. Both my father and mother have died. The house in which we are living is in the name of my father who died without a will. Hence I applied for legal heirship certificate and the same will be received shortly from the thasildar. I have 1 brother and 2 sisters. My brother and one of my sister want relinquish their rights in the property and the other sister is some what reluctant and I also do not want to compel. Now can my brother and one of my sister can relinquish their right to property? How it should be brought into the document to be registered. Should I mention that we are four legal heirs and two of the legal heirs are relinquishing their share in respect of their brother. Is it enough if my brother and one of my sister, who is willing to relinquish sign the deed at the registar office. Is it necessary that the other sister, who is reluctant should also be taken to register office and the document should be written in such a way that she is not relinquishing her right.Pl. advise me.
Hemant Agarwal
(Expert) 13 June 2017
1. IF "all" the legal heirs do not consent and mutually sign the Settlement Deed, THEN the Settlement Deed is not legally enforceable and heir'rical rights of residual or non-consenting legal heirs shall remain intact.
Keep Smiling .... Hemant Agarwal
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Sridharan
(Querist) 13 June 2017
Sir, thanks for your reply. actually, we want to sell the property. Before Selling one of my sister and my brother want to reqlinquish their share in favour of me since i was with my parents during their last days taking care of them. My elder sister is reluctant. Now, can I register a settlement deed/relinquishment deed from my sister and brother in favour of me so that i will get 3/4th of the share and I along with my sister will sell the entire property so that my elder sister will get 1/4th and i will get the rest. in this case can i register the settlement deed from my brother and one of sister in respect of their share in the property?
P. Venu
(Expert) 13 June 2017
The settlement deed needs to be executed jointly by all the legal heirs. If any of them relinquishes their rights, this could be carried out through the deed.
Guest
(Expert) 13 June 2017
I differ with the views of Shri Hemant Agarwal to the extent "IF "all" the legal heirs do not consent and mutually sign the Settlement Deed, THEN the Settlement Deed is not legally enforceable."
Settlement does not mean merely consent of members in favour of a single person, but that includes how the shares could be distributed, disposed of in favour of one another, and be sold on what considerations.
Settlement deed intends to show the details how and under what considerations the legal heir agreed to settle about the rights on their shares in the intestate property.
Dr J C Vashista
(Expert) 13 June 2017
Instead of family settlement (if there is no unanimity among family members) obtain a registered GPA for selling the property with the consent of all members and then distribute sale proceeding.
Kumar Doab
(Expert) 13 June 2017
I Agree with views of Shri Hemant Agarwal, Shri P Venu.
All of the successors/legal heirs are to sign the settlement.
Those that do not sign, their share re,mains intact.
Kumar Doab
(Expert) 13 June 2017
If the trust level is low the Co-sharers may not agree for POA in one's favor.
Your approach to not to press the unwilling sister is right.
Let her wishes be reduced in writing in the said deed for settlement you are contemplating.
Kumar Doab
(Expert) 13 June 2017
A very able senior counsel of unshakable repute and integrity specializing in revenue/civil maters can help you with such deed.
You may benefit from expertise of Shri Hemant Agarwal, Shri P Venu.
Dr J C Vashista
(Expert) 19 June 2017
Thanks to Goyal ji for agreeing with me.
