Estate planning · Family Settlement

Family Settlement Agreement: resolving disputes without court

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A Family Settlement Agreement is a private arrangement among family members to distribute property without going to court. All parties must sign. Must be stamped (stamp duty varies by state, usually ₹500-₹1,000 for a settlement, not a transfer). Registered settlement is enforceable. Not registered but stamped = admissible as evidence.

Provisions

Indian Contract Act 1872 | Stamp Act (state-specific)

Analysis

Tax: Genuine family settlement is not treated as a transfer and hence no capital gains tax at settlement stage. SC has consistently held this position.

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