• Partition deed and mutation

Me and my uncle are the owners of a house which had been given to a promoter for building apartment. Now the construction has been completed and me and my uncle both receive one flat each..Now what should I do to mutate my portion that is one flat?? Do I have to make partition deed for that?? If so, what is the cost for partition deed?? Can I sell my flat without partition deed?? Please advice.
Asked 4 years ago in Property Law
Religion: Hindu

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17 Answers

No you can directly get the flat registered in your name from promoter as sale deed .

Or if promoter has already registered 2 flat on your name along uncle in joint ownership than you can make a partition deed you and your uncle on non judicial stamp paper and get it registered.

Yes you can sell undivided share without partition but in that can there can be a conflict so better to do partition and sale or your uncle can consent on your sale of your share so there won't be problem.

If uncle give consent that orally you have divided and he has taken one flat as his share and other share to you and can be made witness to sale deed.

In WB the stamp duty on family partition deed is 0.5% market value of property share.

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
151 Consultations

5.0 on 5.0

You can do:

Register your flat in your name.

Mutate the flat in your name.

If you want to sale the flat then you can do after registration of flat in your name.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

The flat is a result of the joint development agreement with the builder and you both have been allotted with a separate flat each.

You can get the flats registered to your individual names and then apply for transfer of revenue records to your respective names on the basis of the construction.

The cost for this may be enquired locally.

T Kalaiselvan
Advocate, Vellore
75676 Answers
1313 Consultations

5.0 on 5.0

1. On the basis of the title deed and the development agreement along with possession certificate you can apply for mutation certificate.

2. yes partition deed can also be executed and registered as on many occasion the KMC asks for registered deed.

3 There is no legal restraint to sell property by the co sharer even without partition.

4. the cost of partition deed will vary as per valuation of the property.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
373 Consultations

5.0 on 5.0

If the JDA is entered with builder you can directly get property registered of your flat in your name. In case both the houses are mentioned in agree ment as jointly owned by you and your uncle you need to get a registered partition deed done and then get flat mutated in your name

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Suplementary sharing agreement must have been entered into between you , uncle as landowners and builder for share of flats

2) the agreement must be stamped and registered

3) you can then sell your share of flats given to you by builder in redevelopment of property

Ajay Sethi
Advocate, Mumbai
85547 Answers
5730 Consultations

5.0 on 5.0

I think you have been guided wrongly by someone

In flat system u donot need any kind of mutation proceedings u are the owner of your flat which is some proportion of the land itself

If tomorrow the building collapses u will hold a share on that land

So there is no mutation and partion required

U can sell off the flat individually

Contact for proper guidance

Amol Chitravanshi
Advocate, Delhi
279 Answers
1 Consultation

4.0 on 5.0

Hello,

The flat will have to be registered individually on your name and thereafter only you may sell the same.

Get in touch with a local lawyer who may help you in this regards.

regards

Anilesh Tewari
Advocate, New Delhi
17878 Answers
349 Consultations

5.0 on 5.0

Dear Sir,

First legalize the constructions by taking sale deeds or MOU or Joint Agreement Deed and Sharing Agreement with the builder. In the sharing agreement show your entitlement to each such particular house. Then get transfer the same in your names and then sell the property then only will fetch full market value otherwise prospective purchasers never believe you. The other answers are as follows:

1.Now what should I do to mutate my portion that is one flat??

Ans: Please follow above method or enter into partition deed between you and your uncle.

2.Do I have to make partition deed for that??

Ans: Yes, you can.

3.If so, what is the cost for partition deed??

Ans. Plesse see below

4.Can I sell my flat without partition deed??

Ans: Yes, provided you get purchaser and he is ready purchase on par with market value.

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Stamp Duty for partition deed

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0.5% of the market value of the separated share or shares of the property

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http://wbregistration.gov.in/(S(jzdhtaxffhso0ab4z4lsa2id))/Stamp_duty.aspx

====================================================================================

Deed Of Partition Between Members Of A Joint Hindu Family

Get it online free on cost

=====================================================================================

Kishan Dutt Kalaskar
Advocate, Bangalore
6018 Answers
337 Consultations

4.8 on 5.0

You can execute Registered relinquishment deed in favour of your uncle.

Prashant Nayak
Advocate, Mumbai
25386 Answers
65 Consultations

4.4 on 5.0

Without deed of partition mutation is not permissible.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
373 Consultations

5.0 on 5.0

mutation should be done after partition deed

Ajay Sethi
Advocate, Mumbai
85547 Answers
5730 Consultations

5.0 on 5.0

Mutation can be done at any moment of time

If one is very much interested to mutate let them mutate

But that is not required as the same will charge you 1% of your consideration in your deed and some cash payment of which no one keeps the record of

Mutation is only required till the time when it is a open land be it farm or plot

People do the the mutation of their houses too which is also an optional

No one denies to the same bcoz one gets good amount

But since the building is converted into flat and plot may be of 300 sq mgr but flat is just of 200 sq mtr then how can u mutate ur name in remaining 100 sq mtr

Amol Chitravanshi
Advocate, Delhi
279 Answers
1 Consultation

4.0 on 5.0

Mutation before partition would be a waste exercise because mutation to be done again after partition also for the share of property allotted after partition, hence advise him to wait until the partition process is completed, and the partition deed is registered to enable a proper mutation in all respects after that.

T Kalaiselvan
Advocate, Vellore
75676 Answers
1313 Consultations

5.0 on 5.0

The property can be mutated as undivided property under name of you and your uncle. The property shall be treated as in joint undivided in your name.

Better to prepare a partion deed register it and than carry out mutuation for respective share of property so that in future there is no litigation or problem.

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
151 Consultations

5.0 on 5.0

1. As per your post, you and your uncle both had received one flat each. Suppose, you got Flat A abd your Uncle got Flat B. Therefore, you will do mutation for Flat A and your Uncle will do mutation for Flat B.

2. If you and your uncle had got separate flats then you can register your flat in your name.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

Yes mutation can be done

Anilesh Tewari
Advocate, New Delhi
17878 Answers
349 Consultations

5.0 on 5.0

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