Monday 11 August 2014

PROPERTY SETTLEMENT AMONG MEMBERS OF THE FAMILY

Advocate S Selvakumar|Property advocates in Bangalore|Property lawyers in Bangalore

Settlement of property among members of the family could be a mode of distributing each movable and stabile properties and has been outlined below Section two(24) of the Indian Stamp Act and Karnataka stamp act. A settlement deed could be a non-testamentary disposition, in writing, of movable or stabile property created
1. In thought of wedding,
2.For the aim of distributing properties of a Settler among his family or those for whom he needs to produce for or for the aim of providing for a few person dependent on him, or
3. For any non secular or charitable functions. 

Settlement additionally includes an agreement in writing to create such a disposition or wherever a disposition isn't created in writing, any instrument recording, whether or not by approach of a declaration of a trust or otherwise, the terms of any such disposition.The Karnataka stamp act has equally outlined settlement.
The essential ingredients are:
(1)It could be a non-testamentary disposition that's it's not a can. Intrinsically it operates forthwith on execution, whereas a can comes into operation solely once the death of its author. However, a settlement may additionally contain a clause for reservation of life estate. 

(2)The Act specifies it should be in writing; thus an oral disposition isn't a settlement. 

(3)There could also be an agreement to create such a disposition. 

(4)If it's not in writing, any record evidencing such disposition is additionally a settlement. 

(5)There should be a settler i.e. the owner of a movable or an stabile property. 

(6)There should be people that are members of the family or different persons who are obsessed on the settler in whose favor the property is to be settled. It’s going to be for non secular or charitable purposes.

Trust Vs Settlement:
A settlement deed mustn't be mistaken for a trust deed. Within the case of trust, the author vests the property in favor of its trustees, who manage and administer the property /properties as per the direction of the author for the good thing about third person/s known as beneficiaries. The trustees can act solely as per the directions of the author of a trust deed and therefore the beneficiaries don't have any say within the management of the aforesaid properties.

However, in settlement, there's no intermediate person, sort of a trustee and therefore the beneficiaries have complete management over the administration, management of the property settled in their favor and enjoy the property as absolute homeowners subject to the conditions of the settlement deed.

Will Vs Settlement:
Settlement deed is completely different from can, since a can could be a legal document, that becomes operative once the death of its author, whereas a settlement becomes operative forthwith. 

Another distinguishable feature is that a can is voidable which any variety of Wills could also be dead by its author in respect of one property throughout his life time, tho' solely the last can dead becomes operative. Whereas, settlement isn't revocable and once correct execution of a settlement deed, the Settler relinquishes all his rights, title and interest over the aforesaid property, subject to the terms and conditions contained within the settlement deed.

Partition Vs Settlement:
Usually partition of joint properties is mistaken for settlement. However, partition constitutes division of properties between the joint homeowners further because the division of joint interest possession within the property. Thus, the division amounts to severance of the joint interest within the possession of the common properties and therefore the common property is therefore divided among them. every partner becomes absolutely the owner of his share and every partner's share is subject to a pre-determined share, ruled by either the inheritance laws or by the partnership deed because the case could also be. In settlement, however, the property is closely-held by a 3rd person and is settled in favor of persons who don't have any previous interest within the aforesaid property and therefore the share of the beneficiary is as per the desires of the settler.

Gift Vs Settlement Stamp duty-Registration:
There are marked variations between gift and settlement. Gift isn't created for any thought, whereas settlement could also be for thought.Like-wise gift could also be created to someone, whereas a settlement is generally created in favor of dependents.Additionally gift needs acceptance,whereas settlement doesn't.The gift is voidable or could also be suspended as per section 126 of the Transfer of Property Act on happening of any such that event, that doesn't rely on the need of the donor in contrast to that of settlement, that is final & binding once it's dead by the settler.

Advantages:
Settlement includes a terribly simple procedure wherever the properties ar distributed to the dependents or for religions charitable functions throughout the lifetime of the settler.This avoids future misunderstanding amongst the beneficiaries/recipients.Settlement is often created solely in respect of self-acquired properties.

The deed of settlement attracts stamp tax as registration of the settlement deed is mandatory. Article 58 of the Indian stamp act and Article 48of Karnataka stamp act refers to stamp tax collectible on execution and registration of settlement deeds. Since, settlement amounts to conveyance of property, the stamp duty collectible is comparable thereto collectible on a sale deed, i.e. supported the market price of the property. However, concessions are on the market just in case of settlement created in favor of members of the family, i.e. Rupees One thousand as stamp tax and access of Rupees Fifty. Members of the family embody the married person, son, daughter-in-law and grand kids of the Settler.

More,

No comments:

Post a Comment