Registration of settlement deed without the presence of settlee at the time of registration

sundar (Querist) 23 March 2015 This query is : Resolved
Can a father execute and register a settlement deed for his apartment at Chennai in favour of his son even though the son is presently out of country?

Is the signature, thumb impression & photo of the settlee (son) required at the time of registration of settlement deed?

Kindly clarify. Thanks.

Best Regards,

Sundar.

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Sri Vijayan.A (Expert) 24 March 2015
Father can execute and register a settlement deed in favour of his son at Chennai without presence of his son.

Father alone is enough.

To write a settlement deed, please include the following.
The reason for transferring the property to the settlee [usually "Love an Affection", which has lowest stamp duty. Otherwise it shall attract 7% stamp]

What is the reason for excluding the other legal heirs, who would normally get the property in the absence of the settlement deed on intestate succession.

If this reason is not set out in the deed, it may become challenge.

If part of property alone is transferred, make a clear description of the property that being transferred an what is excluded.

The conditions to be imposed, time of transfer or effect of settlement also can be mentioned in the settlement deed.

So, have a thorough knowledge over settlement deed [before execution and after transfer]

A.Sri Vijayan
94440 48547

sundar (Querist) 24 March 2015
Thank you Sir.

malipeddi jaggarao (Expert) 24 March 2015
Yes, the father execute and register the settlement deed in the absence of settlee.

The settlee can be represented by an authorized person for which there is a specific form to be signed by the absentee with his thumb impression and photo. In the same form the authorised representative's thumb impression and photo is also required. Better you consult a document writer in your area.