• Separate registry of property

My grandfather bought a 10000 sq ft property jointly with his brother in Lucknow in the year 1967. the registry contains the name of both the brothers and original and only copy is with other brother,s family.
Now both my grandfather and his brother and wifes of both the brothers are no more.and the plot is divided among both the families..the plot no are registered different in house tax . electricity bill , water bill etc
Now i have my name in the mutation papers of my plot.
Now i want to avail a construction loan formy plot .the bank is asking for the registry.which is with other family what can i do now to have a separate registry or any other documents that work as a collateral in bank.
Asked 27 days ago in Property Law from LUCKNOW, Uttar Pradesh
Religion: Hindu

Execute partition deed and get the certify copy of sale deed. 

Yogendra Singh Rajawat
Advocate, Jaipur
13233 Answers
17 Consultations

4.6 on 5.0

See the complete family can prepare a partition or settlement deed showing different plot no..And dimension of same and same can be submitted to bank.

Shubham Jhajharia
Advocate, Ahmedabad
19345 Answers
75 Consultations

5.0 on 5.0

apply for and obtain certified copy of sale deed from sub registrar office 

 

2) you can ask your uncle family to give you certified copy of sale deed 

 

3) if plot is divided among family members deed of family settlement or partition has to be executed duly stamped and registered to confer title to your portion of property 

Ajay Sethi
Advocate, Mumbai
66959 Answers
4043 Consultations

5.0 on 5.0

 

deed of family settlement or partition is to be be executed duly stamped and registered 

Ajay Sethi
Advocate, Mumbai
66959 Answers
4043 Consultations

5.0 on 5.0

Get the certify from sub registrar office but may  not available as very old. Ask your co owner to give you copy of sale deed and get it notorised.

Yogendra Singh Rajawat
Advocate, Jaipur
13233 Answers
17 Consultations

4.6 on 5.0

The plot of land was bought and a building was constructed upon it. Now the building along with the plot is jointly being held by the heirs. A copy of the registered deed can be taken from the registrar office and then the bank can grant you loan.

Regards 

Rahul Mishra
Advocate, Lucknow
4322 Answers
11 Consultations

5.0 on 5.0

The sale deed of 1967 can ve obtained from the registrar office.

Rahul Mishra
Advocate, Lucknow
4322 Answers
11 Consultations

5.0 on 5.0

There can be any registration unless partition or mutual settlement. 

Get documents registered based on which mutation was done. 

Kallol Majumdar
Advocate, Kolkata
1390 Answers
2 Consultations

5.0 on 5.0

You can get the certified copy of your registry from sub registrar office and show your share in the same. Or you need to go for partition suit or deed for the same

Prashant Nayak
Advocate, Mumbai
12901 Answers
23 Consultations

4.6 on 5.0

1.  IF the mutation of the property is properly conducted and stands in your name, THEN bank is not entitled to ask for any other document, except the mutation document.

2. You can apply to the local office of the Registrar of Sub-Assurances with details like date, place, then owners name in the then registry and obtain proper "certified copies of the then registered document.  This would be legally sufficient for ALL purposes.

Hemant Agarwal
Advocate, Mumbai
2430 Answers
14 Consultations

5.0 on 5.0

 you can apply for the certified copies from the concerned sub-registrar office. 

Mohammed Mujeeb
Advocate, Hyderabad
10241 Answers
3 Consultations

4.5 on 5.0

Even though your grandfather's property was divided among the two families of your grandfather's sons, there was  no registered partition done among yourselves.

This is the lacuna at our end.

Without a registered document you cannot claim title to the properties allotted to you as your share in it.

Therefore when ther is no clear title to the properties in your possession the bank would hesitate to grant any loan on it.

Even now you enter into an amicable partition among yourselves, draw a partition deed, get it registered before the jurisdictional sub-registrar's office by paying the applicable stamp duty.

This will enable to apply for loan from bank.

T Kalaiselvan
Advocate, Vellore
56726 Answers
702 Consultations

5.0 on 5.0

You have already got the properties partitioned from your co-sharers and are in possession and enjoyment of the same hence all you have to do now is to draw a partition deed and get it registered  through a registrar's office

you may consult a local advocate and proceed on the further .suggestions received.

T Kalaiselvan
Advocate, Vellore
56726 Answers
702 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that there has been division of the property.
  2. And it makes the prior registry in whosoever favour it was.
  3. After the division of the property from the court of law or by family settlement there must be different registry on each individual’s names.
  4. Bank is right in asking the same as the property has been divided but it has not yet converted into a valid piece of paper.
  5. You should go for its registration along with the family settlement deed, bills etc. to get it registered on your name.

Sanjay Baniwal
Advocate, South Delhi
4894 Answers
11 Consultations

5.0 on 5.0

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