What is a Family Settlement Deed?
Benefits of forming a family settlement deed?
A family settlement deed is a contract that is used to resolve all family disputes outside of the courtroom. It does not involve any significant third-party approvals or acceptance. The following are some of the advantages of forming a family settlement deed.
It settles inter-rights in a property matter among family members without causing conflicts.
Preserving Family Rights
Preserving family rights and settling peace by preventing lawsuits or saving honor is general and fair for the sake of the family.
Consideration for a promise
Since consideration for a promise is essential in a contract, it is legally binding on all family members, much like any other contract or arrangement, and must be followed in order to keep the peace in the home.
As informed above, post demise of the owner of the property, his legal heirs inherit the property he left behind, either according to his preferences as stated in his Will or, if he dies without leaving a Will, according to the rules of the Succession Act applicable to such individuals.
The agreement must follow the fundamental rules of Contract Law. It is impossible to force a family arrangement.
This agreement is an instrument of partition and therefore is required to be stamped under Schedule 1 of Article 45 r/w Section 2(15) of the Stamp Act. However, an oral family agreement dividing the property does not require stamping.
The courts have ruled that any property transferred as part of a family arrangement or division is not subject to capital gains taxation. A family arrangement in which property is given away cannot be interpreted as a ‘transfer’ for capital gain purposes. As a result, no capital gain tax is due under Section 45 of the Income-tax Act of 1961.
Difference between a
family settlement and partition
Based on disputed, probable, or even hypothetical arguments between family members.
There is a degree of relationship involved.
A family arrangement can be in the nature of re-aligning, re-distributing or even consolidating certain claims and rights.
It can be even oral in which case it does not require registration and stamping.
There are very clear pre-existing rights.
It is made between people who are not related by blood but are co-owners of land.
Division or Property
Recording past transactions of division/ partition of property.
It requires compulsory registration as it creates, assigns, limits, or extinguishes rights or title in a property.