For partition the approval is not required the approval is for town planning and for making approved plans.
2. See once the land is sold then as such she has no right so in that case release is not valid.
Partition Deed - Do we need DTCP approval?
Hi All, After my grandfather's death, my father and his 3 sisters and 1 brother did a family arrangement infront of lawyer on 1994 and it's unregistered. Based on the settlement, my father and his brother sold some share of their property where 1 sister sold all her shares and 2 remaining sisters didn't sell anything. Now, when my father is trying to sell the land it's been told that we couldn't do that due to unregistered family arrangement. So we tried to partition deed among the brothers and sisters again but the document writer is telling that we can't do that without DTCP approval or Approved layout. Also, we tried to get a release deed from one of the sisters who sold her shares. But document writer again telling it's not possible without DTCP approval or layout. My question is 1) Do we need DTCP approval for partition deed? 2) Why can't we get release document from My dad's one sister who sold her shares?? I personally feel that document writer is playing game. Suggestions are welcomed.
Asked 6 years ago in Property Law
Religion: Hindu
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11 Answers
has mutation of property been done in name of legal heirs on grandfather demise
2) daughter can execute relinquishment deed to relinquish her undivided share in property
3) you can then after mutation is done execute de d of partition for division of property by metes and bounds
4) it should be duly stamped and registered
5) it does not need DTCP approval
You don't need their approval for partition deed. Yes you can take relinquishment deed from dads sister and proceed
The property belongs to you and you can do whatever you want. The unregistered family agreement is alright and the court shall honour it.
Regards
For partition...either do it amicably yourself or file a partition suit in the district civil court.
Land use approval from the LPA is required for registration. Please verify the zoning records at the LPA's office in order to ascertain how the property has been classified - agricultural or residential. If already categorized as residential, apply for and obtain the necessary certificate from the LPA to that effect. If not, apply for regularisation now in terms of the TN Government's latest GO.
Thanks for all your advise. As other advocates mentioned that there is no need for any approval for putting partition deed but you (Swaminathan Neelakandan) mentioned that we need to get land use approval from LPA. My question is as follows. 1) Even for partition deed we need approval from LPA. 2) Land use approval is same as DTCP approval?? 3) I can see from survey number that our land is categorised as Residential 4) Can we get release from my dad's one of the sister??
Asked 6 years ago
1. Following the Madras HC directions, the Inspector-General of Registration has issued a circular to all registrars not to register transfer of any unapproved properties.
2. Yes, the DTCP is the authority for classification of land use. DTCP is represented by the Local Planning Authority (LPA) in every District in TN.
3. In that case, obtain a certificate from the LPA to that effect for the purpose of registration.
4. Yes, she can execute a deed of relinquishment forgoing her share in favour of the others.
relinquishment deed can be executed by sister
2) your land is categorised as residential then partition deed can be executed duly stamped and registered
3) you done need approval from LPA
I don't think so you need approval
1. For partition deed there is no requirement of DTCP approval. It is not a plotted property nor you are going to seek building plan approval, dont go by the document writer's words, you can choose another document writer with the help of your advocate.
2. The DTCP has got nothing to do with the release deed tht can be executed by a co-sharer in favor of another shareholder relinquishing the rights in the property.
Ignore the document writer and better engage the services of another document writer or an advocate.
- As per the information mentioned in the present query, makes it clear that your father and others had done partition on an unregistered document and now you have been told that the same is of no validity.
- This is not correct as even without having any written documents partition does create effects.
- This is on the ground of possession and usage and selling some portion like other did.
- You should approach the Hon’ble court of law seeking immediate intervention and direction the authority denying you the permission to sell.
Dear sir
You don't need approval from DTCP to proceed for partition deed.
You can just register the unregistered document prepared by your for partition by paying the stamp Duty.
You can get relinquishment deed from your father's sister.
