• Family Documentation

  • Some family documents possess the potential of altering the entire family spectrum. Such documents have a potential of uniting the family, but, at the same time, they have their devastating value too, as they can also break a united family in a split second. The Will, Gift deed and Family Settlements are such documents only.

    A Will contains in it the statement of facts as to how a deceased family member wanted his or her other family members to get benefitted by the movable & immovable property which he or she left behind after his or her demise. There is no requirement of registration of a Will under Section-17 of the Registration Act, 1908.

    The Deed of Family Settlement is a Memorandum of understanding as to what the family members had orally agreed upon at one point of time and how and in what manner they had intended to act thereupon. The family settlement is a kind of conciliatory process by which the family members in the presence of a third person mutually agree to distribute the property amongst themselves. Family settlements are arrived at for both movable as well as immovable property. After consensual agreement between all the members, the settlement/ agreement is signed by all the involved family members and then necessarily registered under Section 17 of the Indian Registration Act. Family settlements do help concerned family members avert and avoid protracted litigations.

    Both, the Will and the Memorandum of Family Settlement are admissible in evidence.

    Judgments on The Issue of Family Settlement:

    • Nanibai & Ors. vs. Geeta Bai Kom Rama Gunge, AIR 1958 SC 706
    • Kale & Ors. vs. Deputy Director of Consolidation & Ors., AIR 1976 SC 807
    • Hansa Industries vs. Kidar Sons Industries Ltd., AIR 2007 SC 18
    • Vikram Singh Vs. Ajit Inder Singh[DB], RFA (OS) 87/2012(24/02/2014)= 2014(210) DLT 145= 2014(6) AD(Delhi) 374 [Pradeep Nandrajog, J.: R.V. Easwar, J.]

    Hello Counsel entertains referral requests from its Clients for the drafting of Will, Gift Deed & Family Settlement. It has on our panel a battery of practicing lawyers who are experts in drafting of such crucial documents. Its Legal Team helps its clients in getting such drafting done, strictly in terms of their instructions and in accordance with the law of land, after a thorough examination of the given facts. 

    Kindly CLICK HERE or e-mail us at office@hellocounsel.com if you want the Legal Team at Hello Counsel to draft any Will, Settlement and/ or Gift Deed for you.   

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