• Partition

My Father had bought a plot and constructed a 4 floor building about 10yrs ago, but the plot is on my Name. Me and my Brother are the only Legal heirs. Now I and my brother would like to Partition the building. I'm ok with the Partition of the building even though the property is on my name. Can we do a Partition Deed or if not Can you please let us know the procedure on how get it done.
Asked 7 years ago in Property Law
Religion: Christian

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19 Answers

gift deed can be executed by you to give 50 share in land and building standing therein in favour of your brother 

 

2) gift deed should be duly stamped and registered 

Ajay Sethi
Advocate, Mumbai
100075 Answers
8172 Consultations

Hi, 

There is no irregularities in the partition if done under mutual consent or agreement. You may proceed giving all necessary details.

Ganesh Singh
Advocate, New Delhi
7172 Answers
16 Consultations

Dear Client,

Brother can claim half share in property as same is purchased by father.  Well, you can do oral partition that 2 floors will kept by you , 2 by him. Which floors you will keep , which he can decide.

IF want to execute partition deed than same shall be compulsorily be register at sub registrar office. 5% stamp duty payable.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

1. partition deed can be made by the parties

2. thereafter as per the mutual agreement in the partition deed, the parties can release their respective shares to the other party so that each of them become exclusively entitled to the portion of the property as agreed in the partition deed

3. the above release deeds will become the title document of the parties [the release deeds have to be stamped and registered]

Yusuf Rampurawala
Advocate, Mumbai
7934 Answers
79 Consultations

The best way  execute a gift deed, along with other necessary documentation, and get it registered in the Sub Registrar of Property before applicable jurisdiction. 

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

You can make a gift deed of share to brother as the property is in your name a gift deed would be best option. 


Make a gift deed register same with jurisdictional subregistrar.  The stamp duty on same as per circle rate has to be paid.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. Check with a Architect, whether the building is divide'able (partitioned). IF yes, then execute a registered Partition Deed only for the Building, clearly outlining the demarcations and the facilities & amenities that would belong to each member.

2. Based on the partition deed, either of you would be able to Sell /Gift /Transfer /Mortgage /whatever.... there own individual part of the property.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

you can execute a registered partition deed between yourselves. you can make necessary averments as per your agreed terms with each other

Prashant Nayak
Advocate, Mumbai
34739 Answers
251 Consultations

Hello,

you can gift one portion of the land to your brother since the same is already in your name.

 

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You are absolute owner of property 

 

partition deed cannot be executed 

 

execute gift seed or sale  deed 

Ajay Sethi
Advocate, Mumbai
100075 Answers
8172 Consultations

Sir you will have to do the partition deed first, otherwise how will the shares of the parties be determined?

i am not aware about the stamp duty rates in your state, but one thing is certain that if by the partition deed any transfer of property takes place for which stamp duty is attracted, then upon subsequent execution of the consequent document like release deed, you will be getting a stamp duty rebate for the duty already paid on the partition deed

by executing sale or gift deed, how will the property be divided and partitioned? that will only apply to undivided share in the property and not to divided shares which would be determined only by the partition deed

Yusuf Rampurawala
Advocate, Mumbai
7934 Answers
79 Consultations

Yes it will suffice your purpose

Prashant Nayak
Advocate, Mumbai
34739 Answers
251 Consultations

All deeds are legally valid. 

execute sale seed or gift deed. 

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

Gift deed is best possible option herein.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Partition deed only.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

  1. As you mentioned that the property is in your name then surely you can’t go for the partition as your brother doesn’t have legal right to have share in the property, so so question of partition arises.
  2. You should go for the gift or release deed stating the portion in it which you wish told give to him.
  3. There will be very nominal stamp duty on either of the tow deeds, but do not take any money for the same otherwise will have to pay full stamp duty on it as per law.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

If your father is alive then you can ask him to execute a family arrangement deed  or a partition deed, if he is not living then you both can mutually agree with the conditions in this regard and draw a registered partition deed, as per your agreement and take possession of your respective shares. In the partition deed you can mention about the ownership of the plot and also the funding for construction of 4 floors with details so that all the facts have been brought to light and on that basis a mutually agreed partition deed has been made accordingly.

 

T Kalaiselvan
Advocate, Vellore
90278 Answers
2510 Consultations

Since you own only the plot and the construction was raised by your father, you cannot claim the ownership of the structure, hence it would be better that you go for a mutually agreed partition deed and pay the stamp duty accordingly.

In case of any doubt you may consult a local advocate and proceed on the suggestions made thereon

T Kalaiselvan
Advocate, Vellore
90278 Answers
2510 Consultations

1. You are free to execute a registered partition deed to partition the property.

2. Gift deed can also be done if you wish to gift your share.

3. What is cost effective would necessarily depend on the stamp duty to be paid. Only a local lawyer can tell the stamp duty as it is not uniform throughout the country,

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

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