Hello, I wan't to know if the following is possible- 1. There is a land which is jointly owned by myself and one of my relative. 2. We applied for construction of a joint owned property comprising of two residential units with a common wall and got the plan approved. 3. The basement/floor level (no walls or ceiling) construction is complete. 4. Due to some reasons we now wan't to partition this under-construction property into two separate units along the common wall line, to be held freely by both of us. 5. We then plan to continue with the construction on our own along the same approved sanction plan. 6. Is such a partition of the under-construction property permissible along the planned location for the common wall as mentioned in the approved sanction plan? 7. Are there any points that needs to kept in mind once we proceed with our own construction after the partition. Thanks
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As on date the 2 residential units are not constructed
2) complete the construction and then enter into deed of partition for division of property by metes and bounds
3) partition deed or deed of family settlement should be duly stamped and registered
2. There is no limit in making a partition deed.
2. In other words you can partition of the present under construction building.
3. You must register the partition deed.
4. For making suggestions on points to be covered its essential that you meet me in person.
1. You can very well execute and register a partition deed duly partitioning the property as it is i.e. being under construction.
2. The said partition deed should have details of the property thus partitioned with metes and bounds,.
3. The partition deed shall have to be compulsorily registered and the divided property mutated in individual names.
The partition shall be based on the joint ownership.
In the same partition it can be mutually agreed that the property to be developed into a structure containing two floors and each will get a floor as agreed between them with common areas, walls and other issue in common to remain common to both in common rights.
The partition deed so drawn can be registered and each individual can be an absolute owner of their respective house property constructed in their respective floor as per the agreement in the partition deed.
Considering a scenario that construction of the house had NOT started, would it have been possible to go for a partition based on the approved sanction plan of the house. I mean, consider a scenario - 1. An approved sanction plan is available which shows that a building is to be constructed jointly by myself and my relative. 2. Is a partition possible based in this plan (before start of actual construction) showing who will own which part as a sole owner. 3. Once the partition is complete the building will then be constructed by myself and my relative separately by our own means following the original approved sanction plan. Is this possible?
The partition shall be drafted or drawn on a mutually agreed terms by which all such issues can be solved properly.
The issue of construction of separate floors or structures and the common areas etc can be reflected in the said registered partition deed.
This will make the arrangement legally valid and you can even apply for mutation of records on the basis of this registered deed.
partition is not possible based on plan of building to be constructed
2) construct the building then carry out partition of building and land by metes and bounds
1. Partition of existing property is possible but partition of a building construction plan of which has been sanctioned but construction of which has not yet started can not be partitioned.
2. Partition of a plan and/or house to be constructed in future as per the sanctioned plan is not legally acceptable. After partitioning the land, both of you can apply for and avail construction plan.separately. Alternatively, after constructing the building, you can partition the constructed building.
3. Building not yet constructed can not be partitioned legally.