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
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.
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
Hi,
There is no irregularities in the partition if done under mutual consent or agreement. You may proceed giving all necessary details.
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.
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]
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.
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.
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
you can execute a registered partition deed between yourselves. you can make necessary averments as per your agreed terms with each other
Hello,
you can gift one portion of the land to your brother since the same is already in your name.
regards
Would like to know which deed is legally valid. Partition Deed - 1% stamp duty, Gift Deed - 3% stamp duty and Sale Deed - 3% stamp duty. Would like to get it done in with the least possible cost effective option. Can you please confirm if Partition Deed is ok?
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
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.
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
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,