You can enter into deed of partition for division of property by metes and bounds
2) the share can be decided by mutual consent
3) even if suit is filed to set aside registered partition deed chances of success are bleak
Partition Deed
Existing building constructed contains: Ground Floor, 1st Floor and 1/4 th 2nd Floor This property bought by the father is inherited by two brothers (A and B) via registered Relinquish deed is undivided property. Brother (A) family contains, wife, one married Son, his wife and son's daughter. Brother (B) family contains, wife and one unmarried Son. Ground floor Gift deed was done by both brothers in favour of one of the (B) brother's family with 25% share in land. Brother (A) enjoyed loan on undivided 1st floor and above mortgaged with the bank and account is in delinquent stage. Brother (B) coapplicant signed due to undivided property. Brother (A) has unsecured huge liabilities too from local lenders etc. Plan to repay the said loan by selling 1st and above floors to builder, after purchasing the said floors builder will collaborate with the Ground floor owner (gifted one to family of one the brother) and reconstruct the said building into basement, stilt, upper Ground, 1, 2, 3 floors. Due to capital gain and other reasons to avoid involvement in liabilities of his brother, Brother (B) want to sell one of the floors independently from the above said undivided floors ONLY AFTER PARTITION to repay the bank loan after permission from the bank and brother (A) will also sell his part for loan repayment. Now question is of Partition: 1. What proportion partition deed will be done at present stage of building so that in future after builder develops Brother (B) along with his family gets 40% in land share with basement and Ground floor ownership (Already Brother (B) family enjoying 25% in land share) 2. As per my evaluation proposed share: As per proposed planning: Basement (proposed) BP : 20% U.Ground UG : 20% 1st : 20% 2nd : 20% 3rd : 20% Like 3rd floor Brother (B) will sell, so he gets BP:20, UG:20, 3rd:20 =60% share and brother (A) gets 40% share So question arises of inequality Is that challengable in future after registration of deed. 3. Already 25% share in land is of Brother (B) family how the above calculations will stand. 3. In existing building: Ground: 25% 1st : 25% 2nd : 25% 3rd roof right :25% If brother (B) sell 25% 3rd floor how will he get the proposed share as mentioned above in point 2.
Asked 6 years ago in Property Law
Religion: Hindu
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7 Answers
Partition is ok. It can be challenged only by the heirs but If they have agreed to partition then no point in challenging
Please answer as below: 1. What proportion partition deed will be done at present stage of building so that in future after builder develops Brother (B) along with his family gets 40% in land share with basement and Ground floor ownership (Already Brother (B) family enjoying 25% in land share) 2. As per my evaluation proposed share: As per proposed planning: Basement (proposed) BP : 20% U.Ground UG : 20% 1st : 20% 2nd : 20% 3rd : 20% Like 3rd floor Brother (B) will sell, so he gets BP:20, UG:20, 3rd:20 =60% share and brother (A) gets 40% share So question arises of inequality Is that challengable in future after registration of deed. 3. Already 25% share in land is of Brother (B) family how the above calculations will stand. 4. In existing building: Ground: 25% 1st : 25% 2nd : 25% 3rd roof right :25% If brother (B) sell 25% 3rd floor how will he get the proposed share in basement as mentioned above in point 2. Heirs of brother (A) are not willing for the consent
Asked 6 years ago
1) basement forms part of common area for benefit of all flat owners
2) basement owner would not get any share in land
3) ground , first , second , third floor owner would have equal share in land
4) similarly terrace forms part of common area for benefit of all flat owners
The partition will be equal if ancestral property. If self acquired then proportions will be decided by owner. If he is not consenting then he will challenge your partition deed in court
Execute MOU in which share in land by this % agreed by builder and other brother. No land share to basement owner.
Like 3rd floor Brother (B) will sell, so he gets BP:20, UG:20, 3rd:20 = 40%
The partition can be done only after mutually agreed conditions are reduced to writing upon the completion of the construction of the proposed structure.
There is no hard and fast rule about the mutual partition.
There are liabilities to one of the brothers, hence the other brother who is free from the liabilities except for the joint loan, can bargain a huge proportion of property based on the undertaking to clear the loan which he has not availed.
If there is no possibility for an amicable partition, then a partition suit before court would bring solution to this messed up proposed sharing.
As opined in my previous post, the partition should be by a mutually agreed condition only because there is no structure yet built on the existing property.
The brothers along with their family members can discuss over all the issues including loan commitments and other issues concerning sharing the property in different proportions etc to arrive at an amicable partition.
The query with your own proposal for ratio of sharing among yourselves do not have any legal provision to implement it except by a mutually agreed partition.
If this is not possible then you may approach court of law for proper solution as per law.
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