Legaljini

Simple Compromise Agreement

This agreement is entered into by a family for settlement of its dispute by mutual consent and distribute the assets among themselves. Family Settlement/ Compromise is an instrument in writing of voluntary understanding between the members of the family for the benefit of the family in general to avoid future differences between the families.

₹ 375.00

1

What is a family?

Ans.

As per the Income Tax Act, family means father, mother, husband, wife, brother, sister, son, daughter, and includes grand-father, grand- mother, grand-child, adoptive father or mother, adopted son or daughter.

2

What are the schools of Hindu laws in India?

Ans.

Dayabhaga: This system is prevalent only in West Bengal and Assam. Under this system a son acquires a right in the property upon the death of his father.
Mitakshara: Under Mitakshara system a child as soon as being born in the family acquires right to hold property. This system prevails in whole of India except West Bengal and Assam.

3

What is Hindu Undivided Family Business?

Ans.

Hindu Undivided Family consists of a common ancestor and all his lineal male descendants together with their wives and unmarried daughters. Daughters born in the family are its members till their marriage and women married into the family are also members of the HUF.

4

What is the life of registration of Design?

Ans.

The total time of a registered design is 15 years. Initially the right is granted for a period of 10 years, which can be extended, by another 5 years by making an application and paying a fee of Rs. 2000/- to the Controller before the expiry of initial 10 years period. The proprietor of design may make application for such extension even as soon as the design is registered.

5

Who can be a karta?

Ans.

Karta is the eldest male member of the Hindu undivided family. He is the Hindu patriarch. Only a coparcener can become Karta. His position is sui generis i.e. of his own kind or peculiar to himself. Peculiarity lies in the fact that in terms of his share/ interest, the Karta is not superior and has no superior interests in the coparcenery. His position is recognized /conferred by law.

6

Can a stranger be appointed as a karta?

Ans.

No. A stranger can never be qualified to be a karta, but an adopted son who is the eldest in the family can be qualified.

7

Can a woman be a karta?

Ans.

A woman can be a karta of a HUF only when the family has ceased to exist in male bloodline.

8

Who is a coparcener?

Ans.

Any child born in a HUF is regarded as the member of the HUF and is known as the coparcener of the HUF. The right to be a coparcener was limited only to a male child however, with the amendment of the Succession Act, now even females are regarded as coparcener.

9

What are the conditions for marriage under Hindu Marriage Act?

Ans.

1. Neither party has a spouse living at the time of the marriage;
2. Neither party is incapable of giving a valid consent to it in consequence of unsoundness of mind; or
3. Has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; 
4. Has been subject to recurrent attacks of insanity;
5. The bridegroom has completed the age of [twenty-one years] and the bride, the age of [eighteen years] at the time of the marriage;
6. The parties are not within the degrees of prohibited relationship unless the custom or usage governing each of them permits of a marriage between the two;
7. The parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two;

10

When can you obtain divorce under Hindu Marriage Act?

Ans.

Divorce under the Hindu Marriage Act 1955 can be obtained on the grounds of adultery, cruelty, desertion for two years, conversion in religion, unsound mind, suffering from venereal disease and/or leprosy has renounced the world not heard for 7 years, no resumption of co-habitation for one year after the decree of judicial separation, no restitution of conjugal rights for one year after decree for restitution of conjugal rights, husband guilty of rape, sodomy or bestiality and if after an order of maintenance is passed under the Hindu Maintenance and Adoptions Act or the Criminal Procedure Code there has been no cohabitation for one year.

11

What should be the contents of a divorce petition?

Ans.

1. The facts on which the relief claimed is based.
2. Provision stating that the petition is not presented in collusion between both the parties.
3. The statements contained in the petition shall be verified by the petitioner or some other competent person.

 

 

STEP 1

Fill in blanks:

Fill in the blank spaces. Delete instructions highlighted in grey.

 

 

 

STEP 2

Alternations: 

Add or delete a clause according to your needs. Re-check the document.

 

 

 

STEP 3

Stamp Paper

The Stamp Duty value will be made available to you at your legaljini account on purchase of the document.

 

Stamp Duty Payment option 1

If you wish to print Agreement on Stamp Paper, you can buy from court/ Stamp office and said Stamp paper will be used as 1st page of Agreement. If you wish to have 2 copies of Agreement you should buy 2 Stamp Papers (one Stamp Paper for each copy)

 

Stamp Duty Payment option 2

If you have facility of franking for Stamp Duty payment at nearest bank, you need to print the Agreement & get franking done. If you wish to have 2 copies of Agreement you should frank 2 copies (one copy for each party)

 

 

 

STEP 4

Printing on Legal Paper:

 

 

On Stamp Paper

Print ONLY on the blank portion of the stamp paper.

 

On Ledger Paper

Print on a SINGLE SIDE of a sheet of Ledger Paper.

 

 

 

STEP 5

Number of Copies Needed:

Generally it is made two copies (one copy for each party)

 

 

 

STEP 6

Photographs & Signatures/ Thumb Impression & Initials:

The concerned parties should sign, or affix their mark and recent passport size photograph against their names on the last page of the document. This document must initialed or marked by the concerned parties at the end of every page. In addition or corrections/ alterations made after printing must be initialed.

 

 

 

STEP 7

Witness Attestation (Both Parties):

This document must be attested by atleast two witnesses from both sides.

 

 

 

STEP 8

Registration/ Notary

Registration or Notary is mandatory for some documents. If you need clarification you may contact our Helpline at support@legaljini.com

 

Registration Mandatory

Please contact the nearest Sub Registrar office for registration of this document.

 

 

 

You Need to Know:

This document can be filed in the court with requisite court fees as a record of evidence if matter is pending before the court and the members arrived at settlement out of court.

 

 

 

Please contact our Helpline if you have any difficulty.