Execute partition deed. Once it is executed, 1/3rd share each will be fixed. Even now it is by oral partition and possession.
Kolkata, Salt Lake property partition and mutation
The property, which is a three-storey building was built by my father and 2 of his brothers. Each brother with their family occupying one floor. We are together 8 cousins, the next generation. The current living family is as follows: 1) Brother 1 (my father) - deceased. Survived by wife and 3 children. 2) Brother 2 (my uncle), his wife and 1 child. 3) Brother 3 (my uncle), his wife and 4 children. Question: 1) How do we do a mutation of the property so that each floor clearly belongs to one of the brothers (my father and two uncles) and their children? 2) Then for each floor (which belongs to one of the brother and their children as per above), how should we transfer ownership right if one or more of the siblings are not interested to maintain the property. In other words, looking to cleanup ownership titles so that an associate (sharik) of multiple cousins does not become owner of house. Some of them may be staying and some not, which will lead to no maintenance of the property and lead to decay.
Asked 6 years ago in Property Law
Religion: Hindu
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11 Answers
deed of family settlement can be executed duly stamped and registered wherein each uncle has one floor and your mother , you and your siblings have one floor
then apply for mutation on basis of deed of family settlement or partition
Hello,
After taking permission from the development authority and giving NOC from everyone each of the floor can be mutated to individual, subject to the fact that the same is allowed in your state.
Get in touch with a local lawyer who may help you in the same
1. Family partition deed can be made and registered and based on same the property can be mutated
2. See at this stage partition shall be between 2 uncle's and legal heirs of your deceased father.
Then they can give there further share as per there wish.
See at this stage 2 uncles have 1/3 share each and you and your mother and siblings has 1/3 share rest cousions has no right.
You can execute registered partition deed between all legal heirs you want to. The person who owns need to maintain you cant do any thing about it. I'd he doesn't maintain others can go for court against him
You all the occupants of this property have to make a settlement deed for the family property according to the legal Heirs and get the settlement deed registered with register on payment of registration fees and on the basis of this registration you have to file a civil suit in the court of Tehsildar for the mutation of the property according to the settlement deed which is registered please remember that all the signature is in the settlement deed should have to go for the registration and signing with registration document and they have to witness accordingly in case of civil suit
1. The property is still jointly held and has not been partitrioned floorwise. For mutating the names of the owners floorwise, you shall have to register a partition deed first and with the copy of the partition deed, you shall have to apply for the mutation accordingly.
2. That non interested legal heir shall hyave to register a settlement/release deed settling/relinquyishing his share of the property in favour of others.
1. You mutate each floor or different portions but f if there is proof of title in respect of each area.
2. So do this you need to make a mutual deed of partition or family arrangement deed which would be relied upon to do such separate mutations.
3. The municipality can on this basis mutate the whole property in the name of each of the co sharers.
If there are a family settlement and there are no dispute among all family members for the alleged property so make a deed in 100 rs stamp paper and produce before the concern court for make it registered documents. Then you can apply for mutation on basis of settlement.
1. You can arrive at an amicable partition to divide the property into three parts, i.e., ground, first and second floor among three brothers accordingly.
Draw a partition deed with the help of an advocate and get the same registered.
After that each individual can apply for mutation of revenue records as per the partition deed on individual's name except your case, which shall be mutated on the joint names in favor of all the legal heirs of your deceased father.
2. Once the partition deed is prepared dividing the property into three parts, the share of property shall be with the respective shareholders, except your case where all the legal heirs of your deceased father shall hold the property jointly.
Your cousins shall not entitled to any share in the property during the lifetime of their respective fathers.
Dear client
The as you all are living there it is a simple process you should goto sub registrar office and apply for mutation in which the property will be divided in three equal parts. But the application must be signed by all the members of the family.
The partition will be done for the empty land and floor will also be written in the papers. So that when the building demolished For new construction in future there will be no dispute for the land.
