Hi, a transfer deed in your favour can be done by your mother and brother for the first floor ..It will not require stamp duty as it is in blood relation
Partition deed
I bought plot 350 SW yard in sector 9 Gurgaon jointly with mother and brother. We are three partners in registry. We built ground floor jointly. Then later I built first floor on my own without taking help from other two. I want the partition deed with first floor in my ownership and ground floor in joint ownership of all three. Can any one suggest? Thanks
Asked 5 years ago in Property Law
Religion: Hindu
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15 Answers
Deed of partition can be executed for division of property by metes and bounds
2)other co owners are agreeable to give you share in ground floor then you can ha e share in ground floor too
I have agreement in stamp paper 100 rs signed by all partners that ground floor is on mother’s name, first floor my name and second on brother name( whenever he will built that). Mother has registered will that his share will be transferred to me and brother after her. Now can you suggest that on this behalf transfer deed is possible for first floor? Also later on how can we divide the ground floor based on her will.
Asked 5 years ago
Partition deed is not stamped and registered and is not admissible in evidence
Registration is to be within maximum 8 months of execution of partition deed
Hello,
You may get the individual registration of the floor on which you are living and which is in your name.
Get in touch with a local lawyer.
Regards
The same may be divided by you mutually, which is the best way out or the same can be given on rent and the rent may be divided equally.
Suppose there are 4 rooms, then you can keep two and give other two to the brother, something like this needs to be worked out.
Regards
Firstly, as it has been stated in your query that the property will come to you and you brother by way of will.
Secondly, as that would only be the ground floor and same may be difficult to devide between the two.
Thirdly, there is a way in number of cases like you as the offer will be open for you to buy the same or your brother would like to buy the share of yours and vice Versa.
Fourthly, you may have to take the NOC from the brother as till now he has not built the second floor, and I advice you to execute a document which states the that you may have no objection if he gets second floor for himself in future.
Sir since the property is jointly held by three blood relatives in that you can make a registered settlement/partition deed giving you full rights over the first floor and equal rights in the ground floor.
Sir if it family settlement agreement/partition the same need to be registered with the sub registrar even unregistered and family settlement this can be taken as evidence, further it is better to get the partition deed made and register for first floor.
Further get mothers will registered based on that you can have equal share in the ground floor. it can be divided equally by meats and bounds either by mutual agreement or by filing a suit.
It would be better for you to take proper legal guidelines by showing complete files of your cases to an advocate so that you can take a right path to handle your issues. Vague answers will not give you the exact relief .
1. If there is a consensus between all the co-owners to divide the property in the manner that you desire then partition deed can accordingly be executed.
2. Your mother has made a bequest to transfer her share to you and your brother but this will not make you the owner of the first floor. In an undivided property no co-owner can claim to be the owner of a specific portion of the property.
3. Execute a registered partition deed and then apply fresh for mutation.
Dear client,
You may get drafted the same any advocate.
1. take affidavits from your mother and brother stating that the first floor is built exclusively from your funds and that they do not have any right share title and interest in that floor and whatever rights they may have, they are relinquishing that in your favour
2. after your mother's demise, based on her Will, you and your brother will have equal undivided half share in the undivided 1/3rd share of your mother in the plot and ground floor. Thus you and your brother will have equal 1/2 undivided share in the plot and ground floor after your mother's demise on basis of her Will
3. your mother can also gift her share to you and your brother in her lifetime itself by executing gift deeds
You are a joint owner for the land alone, it will not entitle you to build another story over the existing structure or claim many right over it when it is shared by all of you.
The structure built on the existing structure without the permission and consent of the cosharers will be a problem to yo when you seek your share in the property
Mere NOC by an unregistered deed is not valid in the eyes of law.
All of them have to relinquish their rights in the property by executing a registered release deed.
You can be safe when every one ascertain the fact of giving release deed by a registered document in your favor,
Make partition deed. If co-owners object then file suit for partition.
