Undivided share can be transformed by gift deed
2) partition deed is for division of property by metes and bounds
3) it had to be duly stamped and registered m
4) stamp duty would be on basis is of market value of property
5)contact a local lawyer
Regarding partition deed
Hi, I am member of Hindu undivided family and our properties are not divided from my fathers generation and there is no partition deed done...I have few questions Some of my properties are being registered through gift registration. Is it valid? will there be any legal issues in the future? Even after doing a partition deed of land, do we still need to register land under each individual? What are all the documents required and the procedure for partition deed? Regards, GGK
Asked 8 years ago in Property Law
Religion: Hindu
4 Answers
1. If the donor is the lawful sole or joint owner of the proeprty he can transfer the same his sahre in the proeprty to anyone he chooses by way of gift deed provided the deed is registered on payment of stamp duty.
2. Similarly the properties can be settled or mutually transferred by way of partition deed.
3. So you can divide the properties among yourselves by way of proeprties and register the same.
1. On the execution of the gift deed the title of the property instantaneously passes from the donor to the donee. Needless to add, a gift deed requires mandatory registration.
2. After the partition deed is executed the individual share which comes to every shareholder should be mutated separately by him.
The properties now under your possession by virtue of registered gift deed executed in your favor shall be your own and absolute property and it may not be included in the joint family property.
After partition of the other properties, you may get the partition deed duly registered so that the property comes under your name legally.
You may get it registered after paying the applicable stamp duty and registration charges.
The documents that are required to be produced may be the partition deed, address proof, PAN or Aadhar card, a photo copy and the details of original link document before partition.
Any other requirement may be enquired in the local SRO's office.
