Family Settlement Deed

What this is

A family settlement deed recording how members of a family have agreed to divide property, resolve a dispute, or allocate assets among themselves, so the arrangement binds everyone and avoids litigation, drafted as a memorandum of an arrangement already reached or as the settlement itself. It is for families dividing inherited or joint property, businesses or assets. Our panel advocate drafts and reviews the deed and delivers it signed on letterhead; stamping and registration, where the deed itself transfers property, are separate steps we explain.

What you get

A family settlement deed drafted, reviewed and signed by our panel advocate on letterhead, covering the family members and their relationships, the properties and assets covered with schedules, how each item came to the family, the dispute or uncertainty being settled, the agreed allocation to each member, any payments for equalisation, possession and mutation, release of claims, undertakings not to challenge, dispute resolution, and the execution block for all members. Delivered ready for execution, with a note on stamp duty and on whether registration is required (where the deed itself creates or transfers rights) or the deed can be drafted as a memorandum of a prior oral arrangement. Stamp duty and registration charges are not included.

How it works

1. 1Upload the papersTitle documents of all properties, death certificates and heir proof for inherited assets, and IDs of every family member. We pre-fill the properties and the family.
2. 2Tell us the arrangementWho gets what, any equalisation payments, and what disputes are being settled.
3. 3Answer the advocate's questionsWhether every heir is included and agrees, whether any is a minor or abroad, whether the arrangement was already acted on, and where the papers are.
4. 4PayPay the fee.
5. 5Advocate drafts and signsOur panel advocate drafts the deed and signs it on letterhead.
6. 6Deed is deliveredYou receive the deed for execution by all members, with the stamping and registration note.

What to have ready

• Title documents of every propertySale deeds, allotments, earlier partition or gift deeds.
• ID and PAN of every partyAadhaar and PAN of each person signing; incorporation documents if an entity.
• Death certificate of the original owner (if you have it)If inherited.
• Legal heir certificate, succession certificate or family tree (if you have it)Any document showing the heirs.
• Will, earlier partition or settlement (if you have it)If any.
• Court orders or case papers (if you have it)If a case is being settled.
• Mutation, tax and society records (if you have it)Showing current recorded owners.
• Power of attorney (if you have it)If any party signs through an attorney holder.

What this is based on

• Hindu Succession Act 1956 (1956)
• Indian Succession Act 1925 (1925)
• Stamp Act
• Registration Act 1908. (1908)
• SC ruling in Kale v. Dy. Director