• Division of two residential plots into three

I along with two of my friends purchased two residential plots in Aurangabad Maharashtra. Each plot admeasue 2700 sq ft. We made provision regarding possession of equal share of land for each of us in the sale deed. Accordingly each of us got 1808 Sq feet. Now i would like to know the ways to make sure that each one of us get absolute right to construct or sale the respective share of 1800 Sq ft. without any hassel. I would like to mention the in the records of the municipal corporation the two plots exists independently and there is no merger or subsequent sub division of the two plots into three. Further two of my partners like to sell their part whereas i want to construct my house on my plot. I would like to know:-
1. What procedure we need to follow so that each of us gets absolute freedom to dispose our respective share of land in the way we wish?
2. Can we sub divide the two plots admeasureing each 2700 sq ft. into three plots of 1800 sq ft. each?
3. Can we sell our plot independently to the buyer of our choice?
4. The size of original plots were 2700 Sq ft. each. Now to construct independent house at 1800 sq ft. what kind of permissions would we require from the local body and the amount of fees involved in such procedure.
4. Can we build independent house on our plot i.e. 1800 sq ft. or we are allowed to construct only row house sharing side walls or any such other specified housing unit. 
Thanking you
Asked 7 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

2 Answers

deed of partition has to be executed for subdivision of the 2 plots into 3 plots

2) you are at liberty to sell your plot to buyer of your choice

3) you need permission of municipal corporation to carry on construction on said plot

4) building or bungalow plans have to be sanctioned by municipal corporation

5) consult local architect regarding the construction that can be carried on the said plot

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1. What procedure we need to follow so that each of us gets absolute freedom to dispose our respective share of land in the way we wish?

If the property was purchased jointly and now all the shareholders have decided to have separate possession of their respective shares in it, then a partition deed can be drawn partitioning the property into such equal shares as per the terms and conditions that have been mutually agreed among all the shareholders and get the deed registered so that each individual is becoming an absolute owner of their respective share in the property.

2. Can we sub divide the two plots admeasureing each 2700 sq ft. into three plots of 1800 sq ft. each?

It shall be based on the joint decision and on mutually agreed terms among the shareholders. You may take the opinion of a private surveyor or an engineer on this.

3. Can we sell our plot independently to the buyer of our choice?

The vendor, if having marketable title, can sell the property on his name to the prospective buyer.

4. The size of original plots were 2700 Sq ft. each. Now to construct independent house at 1800 sq ft. what kind of permissions would we require from the local body and the amount of fees involved in such procedure.

An engineer who may draft the contribution plan, along with an application for other formalities may be submitted to the local civic body which grants permission or approval for the proposed construction.

The fee and other details may also be clarified locally.

4. Can we build independent house on our plot i.e. 1800 sq ft. or we are allowed to construct only row house sharing side walls or any such other specified housing unit.

This wold depend on the approval of your plan by the authorities based on the prevailing law on this in that particular territory.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer