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Indian Law/Settlement Deed Between Sisters

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Question
I have a few questions regarding the above Deed?

1. Can a settlement Deed be made between brothers and sisters?

2. Is Settlement Deed valid if it is made by brothers and sisters who reside abroad on a property based in West Bengal?

3. Is it necessary to register the Settlement Deed?

4. If so, can it just be notarized and witnessed abroad and not registered in West Bengal.

5. If notarized abroad, can it be contested?

6. Can the Settlement Deed be contested if it is not registered in West Bengal?

7. Can the Settlement Deed between family members where some are residing in West Bengal and some abroad be executed abroad and then executed by the sencond party in West Bengal?

8. What are the fees involved in West Bengal for Regn of this Deed.   Per WB Finance Act 2011 the cost of stamp duty is fixed at 1% of the value of the property and Regn charges to a maximum of Rs. 2,000.   Does this rate apply to SD made between brothers and sisters OR does the family member include only father, mother, husband, wife, son, daughter and grand child?

9.  Can a Settlment Deed exclude certain members or people in the family?

10.  Can a will exclude certain members of thefamily?

I look forward to hearing from you.

Shireen

Answer
A settlement can be registered between brothers and sisters. A settlement deed need to be registered to make it valid. It has to be registered in West Bengal. An unregistered settlement deed is not legally valid and enforceable and just notarizing the same is not valid. Settlement deed can be entered by all the stake holders and some can enter the settlement leaving the others but what is to be kept in mind that the settlement is valid only to their shares and will not concern others who has not entered into the deed. Hope this will suffice

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Advocate Manoj Ambat

Indian Law

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Advocate Manoj Ambat

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I can answer any questions concerning Indian Law, that may include Criminal, Civil, Matrimonial, family laws, consumer contracts, agreements personal laws including Hindu Laws and banking laws in India. I do not specialize in tax laws. DISCLAIMER: The profile and the answers given above by the expert are in conformity with the guidelines laid out by The Bar Council of India and is not intended as a means of Personal promotion nor as an Advertisement of services provided by this expert as an Advocate. The questions answered herein are free in nature and are in conformity of the legal aid programs of The Bar Council of India. Please also note that the answers given are specific to each question specified by the questioner and details provided by the same which may not reflect on the actual problems faced by the questioner. Hence it is advisable to personally consult a good Advocate/ Lawyer in your locality for solutions to your problems. The expert and this website does not undertake the accuracy of the answers herein given and the questioner's discretion is advised. FOR THE READERS: The answers given herein should not be considered as a general answer and are specific to the questions asked herein.The answers are only just path finders that leads you on the correct answers. It is always advisable to personally consult a lawyer for specific solutions to your problems

Experience

I am an Attorney/Advocate/Lawyer running independent practice having extensive practice in Criminal laws,Civil laws,Family laws,Divorce laws, Guardianship of children and minors,Consumer Laws and rights,Contracts and agreements,Property laws in Kerala,Labour laws,Medical negligence,personal laws including Hindu Laws, Tribal laws and rights and Motor Accident Claims for the past 13 years.

Organizations
Having Independent practice and Senior Partner in Manoj Ambat (Law Firm).Also currently involved in Tribal Rights & Empowerment Movements in the hills of Attapady, Palakkad District, Kerala State giving free legal education and assistance as part of the Akhil Bharathiya Abhibhashaka Parishad legal assistance program along with associates

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My blog (http://manojambat.blogspot.in/) Facebook ( https://www.facebook.com/manoj.ambat) Twitter (http://twitter.com/#!/manojambat)

Education/Credentials
BA.L, LL.B, General Course in Intellectual Property Laws ( WIPO, Geneva)

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Individual clients and companies

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