• Partition with mutual consensus

Kindly guide us

1) There are two residential and two commercial properties. All four are self acquired by father.

2) No will

3) wife, daughter and two sons are the legal heirs

4) It was mutually decided that

Daughter will take one house

Elder son will take main shop

And younger son will take one residential and one commercial property

Wife will become co-owner in sons properties.

5) Respective co-owners with mother will become individual owners in future

6) all the properties are in Maharashtra

7) What are the legal requirements? 
Which documents and agreements are required ?
What is succession certificate ? Is it compulsory to go for it ?
Which is more safer
Individual agreements or mutual commen settlement?

8) Can we register agreements now for release of the future rights arising from legal heirs of mother
(any supporting section or recent case law, if possible)

9) cost of registration and amount of stamp duty?

10) All family members are living together in main home which is a part of share of younger son. Are there any future possible issues relating to clear possesion of the property?
Asked 1 year ago in Property Law from Mumbai, Maharashtra
Religion: Hindu
1) succession certificate is for movable properties . 

2) for immovable properties you would need letters of administration of estate of deceased if he had died intestate . 

3)deed of family settlement/ partition  can be entered into among the family members . it has to be duly stamped and registered 

4) mother can make a will in respect of her 1/4th share in the properties . or if she so desires execute gift deed / relinquishment deed 

5) for gift deed/ relinquishment deed stamp duty is nominal if  made in favour of family member in Maharashtra 

6) contact a local lawyer . as far as main house is concerned other legal heirs should vacate the house when family settlement is arrived at to avoid future legal complications 
Ajay Sethi
Advocate, Mumbai
23398 Answers
1230 Consultations
5.0 on 5.0
1. In your case there is no requirement for mutual partition deed since you have decided to mutually partition the properties.
2. in that event get a mutual deed of partition executed among all of you.
3. The cost of registration and registration fees differs from state to state. hence contact local registration office.
4. Mention the points of partition with regard to the family dwelling house as well.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
prepare family settlement deed and get registered or notorised on rs 100 stamp paper. if there is no dispute regarding settlement then this settlement deed has same probative force as registered deed.

otherwise you should get it registered,  As per the provisions of Bombay Stamp Act, Stamp duty will have to be paid on a deed of family settlement. In case of partition or family settlement the parties thereto in proportion to their respective shares should pay stamp duty.
Shivendra Pratap Singh
Advocate, Lucknow
2798 Answers
41 Consultations
4.9 on 5.0
The mutually agreed conditions are to be incorporated in the partition  deed and the same to be registered.
The agreed conditions if mutually agreed, by all  the share holders, it will be legally valid and binding on every one.  Your mother can execute a registered  release deed in advance  mentioning the date  and the condition that she will live there so long she is alive
Cost of registration to be enquired locally because the cost and the stamp duty differs from one state to another
The family members should give an undertaking that they will vacate the premises at  the earliest. . 
T Kalaiselvan
Advocate, Vellore
14171 Answers
128 Consultations
5.0 on 5.0
1. If there is a positive agreement among the legal heirs to divide the properties they may execute a family settlement or deed of partition to amicably divide the properties. 

2. Succession Certificate is not at all required in your case. 

3. There cannot be an individual agreement as an agreement is said to have been executed when two people agree on the same thing in the same sense. 

4. The legal heirs of mother will be at liberty to transfer their share to anyone on a  future date through a will or gift deed. They may do so even now. 

5. The maximum stamp duty is 30,000 on a deed of partition. The registration charges will be nominal. 

Ashish Davessar
Advocate, Jaipur
18266 Answers
450 Consultations
5.0 on 5.0
1. You all should execute and register a Settlement Deed in connection with the above property,

2. To ascertain that the said signatories of the Settlement Deed are the only legal heirs, collect a legal heir certificate from the local Tehshilder or BLRO. No succession certificate is required in case of immoveable properties,

3. You can mention the living right of your mother in the settled properties of the sons, in the said settlement Deed,

4. Cost of registration varies from state to state. You can verify the same from the office of the Registrar of your area.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
5.0 on 5.0
1) mother can make a will for her share of the property 

2) she can execute conditional gift  deed of her share in property 

3) if brother refused to vacate file suit for eviction 

4) enter into leave and licence agreement with brother 
Ajay Sethi
Advocate, Mumbai
23398 Answers
1230 Consultations
5.0 on 5.0
1. Yes, the mother or any of the legal heirs can bequeath her/his share of the property in favour of any body,

2. Yes, the mother or any of the legal heirs can gift/relinquish/settle  her/his share of the property in favour of any body, 

3. If he refuses to vacate, you shall have to lodge a police complaint and also file an eviction suit against the unauthorised occupier,

4. If rent agreement is executed, then the occupier will have the legal right to stay therein by virtue of the said rent agreement as per local Tenancy Act. Do not make this mistake. Rather make it mentioned in the settlement deed that all will vacate the particular house in favour of its settler and will occupy their own settled property only.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
234 Consultations
5.0 on 5.0
1) Yes
2) Yes
3)  If the occupier is refusing to vacate the property that has been allotted to another sharer in the partition settlement, a legal notice demanding him to vacate the same can be issue, if he still squats in it then an eviction suit may be filed. 
4)  If the occupier is  agreeing for rental agreement and paument of rent, then you can go ahead.
T Kalaiselvan
Advocate, Vellore
14171 Answers
128 Consultations
5.0 on 5.0
1. Yes she can.

2. Yes.

3. If he refuses to vacate the proceedings for his eviction can be initiated in the court. 

4. No rent agreement is required to be executed.
Ashish Davessar
Advocate, Jaipur
18266 Answers
450 Consultations
5.0 on 5.0

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