Family settlement memorandum
Recording a settlement the family has already made orally.
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How the paper begins
With Dastavo's sample details; the people and places are fictional. The words in blue are the ones you fill in.
MEMORANDUM OF FAMILY SETTLEMENT
This memorandum is made and executed at Amarnagar on 12 October 2026 by and between:
Gurdev Singh son of Shri Karnail Singh, aged about 48 years, resident of House No. 88, Model Town, Amarnagar, Tehsil and District Amarnagar, Punjab (hereinafter called the "FIRST PARTY", which expression shall, unless repugnant to the context, include his heirs, legal representatives and assigns) of the FIRST PART.
AND
Vikram Singh son of Shri Karnail Singh, aged about 52 years, resident of House No. 45, Gulab Colony, Amarnagar, Tehsil and District Amarnagar, Punjab (hereinafter called the "SECOND PARTY", which expression shall, unless repugnant to the context, include his heirs, legal representatives and assigns) of the SECOND PART.
NOW THIS DEED WITNESSETH AND THE PARTIES HEREBY AGREE AS UNDER:
1.That the parties are brothers, and their late father Karnail Singh left agricultural land in Village Kalyanpur and a house in Model Town, Amarnagar.
2.That to avoid disputes and keep peace in the family, the parties, with the consent of their sister Harpreet Kaur, settled the family property orally on 13-04-2025 with the help of respectable relatives, and have since been in possession accordingly. This memorandum only records that settlement.
The rest of the paper is in Dastavo.
What to bring
Papers to bring
- The family tree (shajra nasab), and the death certificates of the members who have died
- Papers of all the family property: the jamabandi (fard) and mutations, registries and municipal records
- Identity proof and photographs of every member who takes a share or agrees to the settlement
- Two witnesses, such as relatives who helped settle it, each with an identity proof
Where to go
Signed by every member with a share, usually on e-Stamp paper, before two witnesses. A memorandum that only records a settlement already made orally is usually not registered; a paper that itself divides the property must be registered at the Sub-Registrar's office. Ask a lawyer which yours is.
Fee
Stamp duty follows the state's schedule: a memorandum of an earlier oral settlement is treated differently from a partition, which pays on the value of the shares separated. Ask the e-Stamp centre or the Sub-Registrar for today's amounts.
Good to know
- Every member with a share should sign; a member left out is not bound by it.
- If a minor has a share, ask a lawyer: the court's permission may be needed.
- Give a copy to the Patwari with the mutation application, so that the revenue record follows the settlement.
Papers and fees can change. Check with the office before you go. Guidance only, not yet reviewed by a lawyer.
Stamp paper
Deeds and agreements carry stamp duty that depends on the state, the document and its value; some must be registered with the Sub-Registrar. Check the current duty and registration rules before printing on stamp paper.