• Joint property share determination

My fatherside was five brothers who bought in their joint names a residential house in 1953. The deed did not mention their individual share specifically. Now they are all dead. Some of their wives/sons are also dead and there are now 18 L/H cum successors . The local municipal corporation on being approached has issued a mutation certificate in favour of the 18 L/H but did not certify the successors’ individual share. We were not required to obtain any succession certificate from a civil court. Instead one of the L/H made a succession affidavit giving details of all the L/H and the family tree etc before a magistrate which was submitted to the municipality. Point is how to register the individual share of the current owners now. What is the instrument that we should now creat and how? What would be approximate cost of stamp duty/regn fees/lawyer’s chg? Current owners are unanimous that our fathers five bros had equal share.
Asked 1 month ago in Property Law from Kolkata, West Bengal
Religion: Hindu

Deed of family settlement is to be executed for division of property by metes and bounds 

 

 

it should be duly stamped and registered 

 

 legal fees vary depending upon the lawyer engaged by you 

Ajay Sethi
Advocate, Mumbai
70832 Answers
4255 Consultations

5.0 on 5.0

What is the area of land of residential house ? 18 legal heirs and single unit, registration of individual share not at possible.

Brothers had 1/5th share each and their 1/5th had inherited in their legal heirs. So each family of brothers have 1/5th individual share.

And each family`s members have equal right in 1/5th share.

 

Yogendra Singh Rajawat
Advocate, Jaipur
15854 Answers
19 Consultations

4.6 on 5.0

You can prepare partition deed and layout who has which side of land or property possession and get registered with registrar buying producing all details as no one has any objections to partition.

 

If you want partition along with layout I can prepare for you at reasonable cost.

Ganesh Kadam
Advocate, Pune
8753 Answers
72 Consultations

4.9 on 5.0

See you can make an partition deed , the local lawyer can prepare same and can help you register same. The cost shall be as per the value of the property.

See your father's had equal share now according to there share there legal heirs may receive there share same can be mentioned in the deed.

Shubham Jhajharia
Advocate, Ahmedabad
22188 Answers
88 Consultations

5.0 on 5.0

1. If you wish to have your individual share and demarcation in the property then you can make a mutual deed of partition..

2. There is no way one can get succession certificate for the immovable property.

3. The original five shares in the property is liable for division equally among their legal heirs. 

Devajyoti Barman
Advocate, Kolkata
18413 Answers
261 Consultations

5.0 on 5.0

1. A Residential House (as a unit) is legally considered as non-dividable (non-partition'able). Hence all the joint holders whose names appear in the Municipal /Revenue records, would be considered to have EQUAL undividable share in the House.

2. IF the House can be divided /partitioned THEN a "partition proceedings" can be filed in the local Civil Court, wherein the actual share ratio alongwith demarcation markings of the House (thru an architect) is possible.

Hemant Agarwal
Advocate, Mumbai
3377 Answers
19 Consultations

5.0 on 5.0

1. You can make a family settlement deed in which you can mention specific share to every legal heir and get it demarcated from official of revenue department.

2. Family settlement deed should be duly stamped and registered with sub registrar.

Mohit Kapoor
Advocate, Rohtak
5909 Answers
2 Consultations

5.0 on 5.0

Since the property is still enjoyed jointly,  you all can mutually agree for partition or family arrangement and divide the property into five equal shares or as per the agreed conditions and draw the deed in writing. 

The deed may be registered on individual names subsequently. 

The stamp duty, registration charges and other costs may be enquired locally with a local advocate. 

T Kalaiselvan
Advocate, Vellore
60755 Answers
780 Consultations

5.0 on 5.0

you can file a case for partition in the court of law and move forward to have a partition from the order of the court.

Mohammed Mujeeb
Advocate, Hyderabad
13043 Answers
4 Consultations

4.5 on 5.0

1. If the shares have not ben mentioned in the deed of conveyance then all the owners of the said house will have equal share on it.

 

2. The individual shares of all the original owners will be equally shared by their respective legal heirs and no succession certificate is required for claim the said shares. Legal heir certificate from the counselor of the ward of the local Municipal Corporation  will suffice for mutating the names in the land records and also for filing partition suit.

 

3. All the legal heirs can mutually get the partition deed registered which will create a document to establish the ownership of the individuals in the said property.   

Krishna Kishore Ganguly
Advocate, Kolkata
23294 Answers
631 Consultations

5.0 on 5.0

You can execute a partition deed between yourself for the same

Prashant Nayak
Advocate, Mumbai
15843 Answers
28 Consultations

4.6 on 5.0

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