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can personal property of brother be claimed if it is HUF


16-Apr-2023 (In Property Law)
if in case of a Hindu family, an instrument of family settlement purports to assign immovable property, it must be mandatorily registered or the deed would be invalid and stamp duty is applicable on such deeds. If the said instrument provides for the execution of gift deeds or release deed[s] at a subsequent date, will it be obligatory to pay for the stamp duty once again? Also is it possible to settle self acquired properties of an individual by way of a ‘family settlement’ with his brother where there never existed any HUF amongst them?
Answers (2)

Answer #1
660 votes
Hello,
For the query you posted, I would suggest the following:

For the first question, yes stamp duty is to be paid again while transferring the property in the name of whosoever as mentioned in the family settlement even though the settlement was registered.
For self acquired property, be there an HUF or not, it can't be a part of such settlement.

I hope this answers the query

Best
M.Faris
Answer #2
679 votes
See if a property is gifted then the registration of the gift deed would be a new act been done on the said property so, it is always advisable to get is registered.
On your query of the self acquired property of brother- your right may arise if certain acts like investment in his education, marriage, upbringing accrues or any obligation in fact can make a case for you.
Need to know the details of the matter to advice aptly.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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