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Sale deed or dhana settlement. .which is better...........


22-Mar-2023 (In Property Law)
Mother wants to give her property ( given to her by her mother ( self acquired) through dhana settlement) to her elder son alone. But her younger son family is also staying in her home.. sale deed or dhana settlement which is better to transfer property in the name of her elder son without any future issues from younger son.. Also home is in housing loan.. Elder son going to repay that loan before registration of property.. Hindu religion
Answers (1)

Answer #1
793 votes
It is better to go for dhana settlement with condition that you will be paying the loan amount. Further a clause should be added stating that your brother or anyone else will not have any right over the property. Sale deed is the safest option if you are ready to pay stamp duty. I presume that the original documents are with the mortgagee.
People also ask

What is Dhana settlement?

A dhana settlement in Hindu Law is a family arrangement that involves the members of the family coming together to agree on how they will divide their property. 16-Jul-2017

Is it possible to cancel Dhana settlement?

A gift deed cannot be canceled once it has been executed. The gift deed may be cancelled if the gift deed is forged. Forgery is an acceptable ground for canceling a gift deed, as per the Indian Contract Act of 1872 and the Transfer of Property Act of 1882.

Can Dhana settlement be revoked?

The settlement deed cant be unilaterally revoked once it has been signed. Only a civil court can overturn this. The settlement deed cant be revoked after it has been registered. You must therefore apply to court for cancellation, and file a declaration lawsuit. 14-Sept-2022

Which is better settlement deed or gift deed?

What is better, a settlement deed or gift deed? A gift deed is the best option. The best option is to use a deed of gift, as the property will be transferred immediately from the donor to recipient while the donor is alive. The best way to avoid stamp duty is by using a gift deed.

  

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