Three of the most frequently required documents in Kerala family property matters — each serving a distinct purpose, each requiring precise drafting, correct stamp duty payment, and registration to be valid.
A gift of immovable property under the Transfer of Property Act, 1882 (Section 122) requires:
Stamp duty in Kerala on a gift deed is calculated on the market value of the property. The rate differs between gifts to close relatives (blood relatives, spouse) and gifts to non-relatives. Close relative gifts attract a concessional rate under the Kerala Stamp Act — verify the current applicable rate with the Sub-Registrar office at the time of registration, as rates are periodically revised.
After the death of a parent, ancestral property passes to all legal heirs — children, surviving spouse — as co-owners in undivided shares. In many Kerala families, the practical arrangement is that one child remains in the family home while others pursue careers elsewhere. A relinquishment deed formalises this — the siblings who do not occupy or claim the property formally relinquish their share to the sibling who does.
Where a family has multiple properties, business interests, and assets to distribute, a family settlement deed is the most effective approach. It is not a partition deed in the strict sense — it is a contract under which the family members agree on the allocation of all assets among them. Courts have consistently held that a bona fide family settlement, entered into to avoid future dispute, is enforceable even if it involves transfers that would otherwise require stamp duty and registration, as long as the settlement is genuine.
The office drafts and registers gift deeds, relinquishment deeds, and family settlement deeds throughout Kerala. All matters coordinated remotely for NRI family members through a Power of Attorney. Response within one working day.
Contact the Office Estate Planning Overview