Property settlement with no dispute case

Question

► My father passed away and has left a unregistered will. My mother is no more and me and my elder brother are the only legal heirs. My father had 2 properties in his name ( one at Dehradun approx 1.5 cr and one at gurgaon affordable approx 35 lakhs) . The will mentions affordable one to smaller brother . We want to settle that the Dehradun property to big brother and gurgaon property to smaller borther as per will. Which is the best way to move forward( partition/ relinquish ot settlement) and associated least govt charges for registration and stamp duty/ mutation . There is no dispute and full agreement between brothers

Answer 1

Dear Client,

Since there is no dispute and full agreement between you and your brother, the most economical route is typically a registered Family Settlement Deed or Deed of Relinquishment between the two of you, reflecting the agreed division. Most states, including Uttarakhand and Haryana, apply concessional stamp duty to family settlements and release deeds among blood relatives compared to a regular sale or gift deed. As the two properties are in different states, separate deeds will likely be needed, registered at the Sub-Registrar office in each respective jurisdiction, followed by mutation in local municipal/revenue records. A local lawyer in each state should confirm the current concessional stamp duty rate applicable there.

I hope this answer helps. If you have any further query kindly do not hesitate to contact us. Thank you.

Answer 2

Dear Client,

The most cost-effective method would be applying directly for property alteration at the local revenue offices in Dehradun and Gurgaon using the unregistered Will alongside joint affidavits and No Objection Certificates. Authorities regularly process alterations for self-acquired properties based on mutual legal heir consent, which avoids stamp duty completely and involves only processing fees.

Secondly, if officials insist on a registered document, executing a registered Family Settlement Agreement is the most tax efficient way compared to a Partition Deed. In Haryana, property transfers among siblings have a charge of flat stamp duty of one thousand rupees. In Uttarakhand, a family settlement deed carries a concessional stamp duty of .5% capped at one lakh rupees.

Lastly, obtain a Legal Heir Certificate from the local Tehsildar office. Submit this certificate, the death certificate, the Will, and mutual consent affidavits to the respective revenue offices to complete the mutation, and register a settlement agreement only if formally asked.

I hope this answer helps, if you have any other query kindly do not hesitate to contact us. Thank-you.

Answer 3

Dear Client,

I understand your legal query, based on which I shall provide you with my legal advice. I suggest you consult a lawyer and then execute a Registered Family Settlement Deed, which will distribute the shares of both brothers equally according to the unregistered will left by the father.

Hope this answer helps!

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Property settlement with no dispute case

3 Answers