• Can 2 cousins split 60*40 biappa released plot in Bangalore

Hello Legal Experts,

Myself and my cousin brother are planning to buy a 60*40 biappa approved plot together in bangalore and get it immediately divided amongst ourselves. Reason for this is minimum dimension in layout is 2400 sqft and it will be beyond our individual budget. The plot is biappa approved and released having A khata. We are preferably looking for corner plot as split will be easier
1) is it possible to get separate khatha after splitting. 
 What would be the procedure and how much it might cost for further stamp duty and other costs. 
2) Will there be any complications later while selling or any other legal hassle. Or what precautions we need to take.
3) is the split easily doable ? Don't want to end up running behind government offices for years to get it done.
Asked 4 years ago in Property Law
Religion: Hindu

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24 Answers

1. After buying the property on joint names by a registered sale deed on both of your names as joint owners, you can draw a partition deed between you both with proper demarcation and get the partition deed registered on your names individually after which you both shall be the owners of respective share in the property. 

For the purpose of gtting the khata on your individual names, first you may have to transfer the khata on your names jointly  and after the partition deed is registered you can apply for separate khata on your individual names.

2. If you follow the procedures legally and properly without any lacuna, then there may not be any legal hassle in future.

3. You can get the partition deed drawn through a dded writer in the local and also get it registered .

This will hardly take a day or two.

After that you may have to run for khata transfer behind the authorities concerned.

 

 

T Kalaiselvan
Advocate, Vellore
84979 Answers
2204 Consultations

5.0 on 5.0

Yes youbmay split the plot after buying the property. It can be done after buying the property. You both shall be tenants in common with your shares demarcated. You may divide the property after leaving land for a common passageway and other amenities.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Yes it can be done if it's a Co-ownership. Stamp duty will be different to execute 2 deeds. 

No there will not be any complications. 

It can be done

Prashant Nayak
Advocate, Mumbai
31954 Answers
180 Consultations

4.1 on 5.0

You can enter into deed of partition for division of plot . It should be duly stamped and registered 

 

2) Stamp duty is state subject and varies from state to state 

 

3) then mutation has to be done in your names 

 

4) contact a local lawyer 

Ajay Sethi
Advocate, Mumbai
94782 Answers
7547 Consultations

5.0 on 5.0

1. Yes, it's possible to get the property partitioned between you and your cousin by executing a registered Partition Deed in the jurisdictional Sub Registrar's Office. After obtaining partition deed, you have to apply in local Municipal/BMRDA office for bifurcation of Khata in your individual names. The stamp duty for partition deed would be Rs.1000/- + Registration charges of Rs.500/- + incidental expenses at the time of registering the partition deed at the Sub Registrar's Office.

2.  If the bifurcation of Khata ,in your's and your cousin's name is based on the registered Partition Deed, then there will not be any problem. Also, checkup from the seller, if there's any clause in the sale deed restricting bifurcating the property in future.

3.  It will not be that difficult, if all the documents are available and it should not take years.


Thank you.

Shashidhar S. Sastry
Advocate, Bangalore
5126 Answers
314 Consultations

5.0 on 5.0

Form a trust/ Company/ Partnership firm and be trustee/directors/partners of the Trust/Company/Firm and buy the property in the name of Trust/Company/ Partnership which would ease and make comfortable arrangements for both of you.

Stamp duty  and registration charges/ fees depends upon the cost of the property. 

No obstacles ever for both of you and never face any problems after completing the  above mentioned process to buy the property plot approved by biappa.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

1. They can partition the property by executing a registered partition deed. After the execution of partition deed they will have separate possession of their respective shares through physical partition and will be the absolute owner of their separately possessed shares.

2. Apply for mutation after partition.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. Property can be split ONLY by following due procedures of law, which means Govt. Survey of the layout plan, demarcation of split portions, allotment of separate sub-survey no. for the split land and necessary changes in the Revenue record.

2. IF above is not done, THEN gross legal complications will arise during consequent sale /mortgage /project sanction etc....

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

1. Yes it is possible to separate. 

2. No, there should be no complications later.

3. It would not take years to get the split done

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

A. You can split the 2400 sq ft plot in to 1200 sq ft as two plot subject to compliance of rules framed in the BMRDA Master Plan. However you need to consult BMRDA office for perfect clarity before execute your plan. In my opinion you have to file an application along with plan sketch for 1200 sq ft two plot and sale deed with EC and layout plan approval approved by BMRDA.

B. You will get a separate khatha for each plot with new dimension along with schedule property.

C. But your developer or plot owner association or seller may object to do all these as per their bye laws. Please check the sale deed as to any prior consent or conditions are mentioned therein. Or check with association bye laws or check the developer or seller.

 

 

 

B.T. Ravi
Advocate, Bangalore
943 Answers
96 Consultations

5.0 on 5.0

1. Yes, after purchasing the said property jointly , you both can enter into an Settlement/Partition deed for having a separate deed , after proper demarcation of the land . 

- As per law, this should be registered from the office of the registrar to be valid. 

- Further , on the ground of joint ownership document and partition deed , you both can apply for katha after splitting 

2. No , after registering the partition deed and getting khatha , legally you will have right to sell the property . 

3. You should take help of local lawyer , if you dont want to running behind government offices . 

Mohammed Shahzad
Advocate, Delhi
13261 Answers
198 Consultations

5.0 on 5.0

Dear Sir,

After purchase of the plot and mutation thereof, you are required to enter into settlement agreement. On the basis of settlement agreement, you may get the separate khata and the cost involved is very less. After having bifurcation, there would be no hassle at all in sell etc. The split is very easy and already in process as per the applicable laws.     

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Khata no. Will be same, it may split into A and B.

No cost involved, you can get the split khata A and Khata B by applying at revenue dept.

No complications to sell.

Better mention in sale Deed, which side you will own and which your cousin, than there will be no need of partition deed.

Yogendra Singh Rajawat
Advocate, Jaipur
22648 Answers
31 Consultations

4.4 on 5.0

1. No there will be no separate khata even if you divide the property at time of purchase or registration.

2. You can execute two separate sales deed at time of purchase this will only cost you registration Amount for one extra deed.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Both the parties can be co-owners or joint owners of the property. In the sale deed, you can also decide what ratio both will be co-owners in Eg. 50:50; 40:60 etc. as per your decision. once property registered in both parties names , you both can apply for separate mutation 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

2. The original parent deed can be held by one of the joint buyers at the time of partition of the jointly purchased property.

A mention about the retention of the original parent deed with either of them and the other having a notarised certified copy of the registered document, in the registered partition deed would solve this problem.

Since the partition deed to be drawn subsequently, would be be by a registered deed, the contents or the recitals as mentioned above would be recognised as legally valid by which the new prospective buyer need not worry about not having the original document.

3. You cannot mention about each other's portion in the registered sale deed executed in favor of both of you by the vendor.

Since you both intend to partition the property subsequent to this purchase, demarcation of boundaries mentioned in the registered partition deed would be sufficient.

4. You do not worry about non-existing rules or restrictions now itself.

First you purchase the property jointly.

After that you can decide to partition the property by a registered partition deed immediately whenever it would be feasible.

Association that may be formed at a later stage cannot object or restrict the already partitioned property, hence you may concentrate only  on what is in your hand now.

6. The developer cannot object o your intention to partition or to sell the property.

If he is charging maintenance charges, then let him give NOC after collecting the charges for transfer, if any, but without an association formed, such levies by the builder is not legally maintainable.

7. If the plot now proposed to purchase is under A khata under form 9, then the partitioned property also will fall under A khata category only. 

8. If the documents held in your possession are legally valid and also if your plan to construct the structure is approved then there is no question of any issue  in this regard at a later stage.

 

 

T Kalaiselvan
Advocate, Vellore
84979 Answers
2204 Consultations

5.0 on 5.0

Buyer will keep the original papers of previous transactions.

If you should mention shares in sales deed then there will be no need for separate partition deed.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Yes you need to first check the sanction plan issues of any. A khatha will continue in your case

Prashant Nayak
Advocate, Mumbai
31954 Answers
180 Consultations

4.1 on 5.0

A certified copy of the sale deed must be kept by both of you. The original can be kept in the bank. Everything you decide must be mentioned in the sale deed. Especially which portion belongs to whom.

Everything and even minute details must be stated in the deed.right to access etc. Also how the land would be developed in case of future problems jurisdiction etc.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

1) original is kept with one of buyers . There is clause in sale deed that he shall offer inspection of originals as and when required . other buyer can keep certified copy of originals 

 

2) you would need to enter into partition deed for division of property , for demarcation of boundaries 

 

3) division should be done before association is formed 

 

4) if you pay him his charges he would not have problem in division of land 

 

5) building plans have to be sanctioned by authorities 

 

6) obtain OC for any construction carried on the plot 

Ajay Sethi
Advocate, Mumbai
94782 Answers
7547 Consultations

5.0 on 5.0

Buy property jointly and develop it as per sanction plan from competent authorities. 

Pl get the documents clear legally from all the authorities. 

Pl get the conveyance deed executed and registered jointly with the land owner on record. 

If property conveyed and conveyance deed registered with competent authorities then you will no longer be required to take NOC from anyone. 

 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

Dear Sir,

There is no problem with the sale deed because the certified copy may be obtained from the registrar's office every now and then. The specification of portion may be given in the partition deed and not in the sale deed of present time. You are also not required to have a check from the developer as of now and the developer can't create hurdle in future as it is an internal matter between 02 brothers. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Not 60*40 but 50 50. BIAPPA cannot decide split %. Execute sale deed n counter parts, both will be original. 
If single sale deed, One can retain original and another certified copy - will face problem in selling and loan etc.

Mention in sale deed about portion.
4. No need. dose not require builder approval.

Yogendra Singh Rajawat
Advocate, Jaipur
22648 Answers
31 Consultations

4.4 on 5.0

2. Any of the three can keep the original sale deed with an agreement that in need by the other two , the sale deed can be produced . 

- Further, other two should apply for taking certified copy from the office of the registrar of the sale deed , and that certified copy is valid for all purposes. 

3. Yes, you can mention in the sale deed as well , but better mention in partition deed .

4. No, since there is single sale deed ,hence after forming society nothing will happen as your said. 

5. Yes , nature of land would not be changed after split

6. Yes, some time need NOC from developer, but legally he cannot create problem for issuing the same. 

7. It should be approved from the society . 

Mohammed Shahzad
Advocate, Delhi
13261 Answers
198 Consultations

5.0 on 5.0

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