• Partition of property

My father are 5 brothers. There is one property in the name of the elder brother in West Bengal. The elder brother have died 4 years back. All our families have been staying in this house property since it was purchased. Now since the elder brother was unmarried and have no other successor or dependant, we want to get this house property divided among the surviving 4 brothers. 
1. What is the step by step legal way? 
2. Will it call for Legal heir certificate or succession certificate? Who will give this certificate?
3. How can we do the registration of the partition deed?
4.How can we get separate holding no.?
Asked 4 years ago in Property Law
Religion: Hindu

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14 Answers

1.firstly is mother and father that is any parent of father alive?

if not then your father and other brother can apply for the mutation of house in there name they can file an application of mutation with the death certificate and the family rasan card and affidavit. The property shall be mutated in there name,

2. Not required at most legal heir certificate can be asked the Tehsildar/taluka officer gives a legal heir certificate.

3. After the property is mutated in there name then an registered partition deed can be made on stamp paper and the property can be divided equally and deed can be registered with the subregistrar,

4. Since one house separate holding number shall be not issued the property shall have same holding number only it will jointly owned by 4 brothers.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Dear Client,

Brothers being class II heirs, property will inherit/partitioned equally between them. either by mutual agreement ( reduced it in writing and get it registered at sub registrar office ) or through court by meats and bound.

LHC will issue by Tehshiladaar, for immovable property succession certificate dose not issue.

As i said, every brother will get 1/4th share in property, execute partition deed and registered it.

Can give holding no. by ABCD - e.g. property no. 444 than for 4 holdings it will be 444a, 444b and so.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

apply for letters of administration from district court as brother died intestate

2) succession certificate is only for movable debts and securities

3) enclose brother death certificate .notice would be issued to legal heirs if there is no contest LA does not take more than 6 months

4) then enter into partition deed for division of property by metes and bounds . it should be duly stamped and regsitered

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

in this case the property will be given to brother, sister, son’s daughter’s son, daughter’s daughter’s daughter in equal share.

you have to file a succession suit in civil court for legal heir.

The grant of a succession certificate is conclusive against the debtor. - One can then apply for transfer of property, bank accounts or securities registered in the name of the deceased on the basis of the certificate.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

stamp duty is state subject and varies from state to state

2) LHC would not serve the purpose . you need LA from HC or district court having jurisdiction

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

consult a local area Advocate or any Broker they can give you perfect cost of registration.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

For obtaining legal heir certificate, it`s not important where property situated (rural/urban) as LHC issued to show heirs of deceased not of property.

Stamp duty will be 0.5% of the market value of the separated share or shares of the property .

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Yes the legal heir certificate shall be given by tehsildar.

Stamp duty

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

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Firslty, before you all claim your rights individually or as a whole one person then first you should have the succession certificate as it is the certificate which is used for transfer of immovabal property.

Secondly, it may be asked before the civil judge, and it may take 4 to 5 months.

Thirdly, meanwhile you can also file a suit for share in the said property before the civil court again.

Fourthly, or you can also go for mutual partition by executing partition deed.

Fifthly, but still, I may advice you to get it devided by court to avoid any future wrong allegations plus chllanege of will.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

1. What is the step by step legal way?

Answer: Apply for succession certificate;

2. Will it call for Legal heir certificate or succession certificate? Who will give this certificate?

Answer: Legal heir certificate is to obtain bank, locker and other movable properties. Succession certificate is used for the immovable properties. Apply before the District Court;

3. How can we do the registration of the partition deed?

Answer: The partition deed can be drafted, executed and registered at the office of the registering authority. The registering authority will tell you the rates. See the link: http://wbregistration.gov.in/(S(zfijzgcb0nvos05k4cm32d00))/index.aspx;

4.How can we get separate holding no.?

Answer: You can appoint a land measurer/commissioner by filing an application to the tehsildar to measure the land.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

1. If there is no amicable solution or partition among the surviving class II legal heirs, a partition suit before the court of law would render solution to this.

2. If all the surviving siblings agree for an amicable partition maong themselves, then there is no need for a succession certificate.

3. Draft the partition deed based on the mutually agreed conditions among the surviving class II legal heirs of the deceased owner, get it registered before the sub-registrar's office.

4. The partition deed is the solution

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

In case the house property falls in municipal corporation area, will the legal heir certificate be obtained by tehsildar?

If the property is in West Bengal, what will be the approx. cost of registration of partition deed per lakh of property value?

The Tahsildar is not an authority to issue class II legal heirs certificate.

You can get that only through a court of law.

The stamp duty for registration is a state subject, you may enquire it locally.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

1. You all shall have to register a partition deed in connection with the said property.

2. For getting the said partition deed registered, you are required to collect the death certificate of your elder brother and also the legal heir certificate in connection with his said property.Succession certificate is required for claiming movable properties like bank deposits, MFs etc.

3. You shall have to get the said deed drafted by an Advocate and get the same registered before the Registrar.

4. After the said property is partitioned by metes and bounds, you shall have to apply before the Municipal Corporation for mutation and for separate holding no.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

1. The stamp duty to be paid for registering the partition deed is 0.5% of the market value of the separated share or shares of the property.

2. The registration fee above the value of Rs. 5000 is Rs. 11 for Rs. 1000 or part thereof in excess of Rs. 5000.

Krishna Kishore Ganguly
Advocate, Kolkata
26603 Answers
726 Consultations

5.0 on 5.0

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