Deed of family settlement can be executed duly stamped and registered for division of property by metes and bounds
Division of Common Property
I have purchased 350 Sq mtr land valued at Rs. 2.00 Lakhs, out of which half amount has been contributed by my father and balance half by me, however, this land has been registered jointly with my younger brother who was studying at that time. Subsequently, We have constructed house on 170 Sq Mtr area of the land by availing home loan which is again joint loan but I, being primary lender, is paying all EMIs for the same. Now I wish to separate my share and divide property amicably. Please guide me with respect legal process and other formalities in this regard.
Asked 3 years ago in Property Law
Religion: Hindu
15 Answers
Sir, What type of documents will be required and how much time this process will take? Are there any specific constraint/guidelines w.r.t. scenario I have shared.
Asked 3 years ago
Dear sir,
If you want to split the property with your brother you can execute a family settlement deed or partition containing the exact shares of you and your brother in the property and get it registered in order to avoid any future disputes.
If you do not wish to share the property with your brother, you have to convince your brother to execute a gift deed or relinquishment deed in your favour.
As long as you and your brother are on good terms there won't be a problem.
You can seek help of any advocate to draft the deed and get it registered at the sub registrar's office.
Best wishes.
It should not take more than 15 days
2) contact lawyer for drafting deed of family settlement or partition
3) it should be duly registered
There are no specific constraints as such. It's a regular and uncomplicated issue.
You'll require the existing documents of property, new settlement/partition deed, a sketch of property (if the division is complicated) and ID proofs of you and your brother.
The entire process can be completed within 10 days. Rest depends on the time the lawyer takes to draft the deed. If you wish, you can contact me or any other lawyer through this forum for preparing the deed.
You can get a partition suit done.
you will have to file a partition suit for division of the land by metes and bounds
the partition suit will be against your father and younger brother
the suit will claim a partition between you and your father such that the land is divided into 2 equal parts
your younger brother was added in title document merely for purpose of family arrangement, so he is not entitled to any share in the land
you can either skip him from being added as a defendant or in case he is ready to give a reply stating that he does not claim any share in the land, then he can be joined as a formal defendant
the structure will remain of your ownership because the funds for the same have been contributed by you
however you need a declaration against your father for the structure since he is a co-applicant in the loan taken for constructing that structure
so either you file a partition suit and take a consent decree or else you can execute a partition deed and agree to divide property by metes and bounds as above
the partition deed has to be registered and subsequently release deeds can be registered for conferring proper title on the parties for their respective shares in the land
You can divide it by execution of settlement deed or partition deed between you both
- Since the said property is in joint name , then you both can enter into a registered family settlement /Partition deed for divide the property amicably.
- It is one to three days work , after preparing the document /deed .
If brother is not disputing share than execute partition deed. Single day process and will register at sub registrar office.
You can claim 175 Sq mtr with constructed portion.
You can talk to your people about it and arrive at an amicable solution.
Since half the property is constructed with funds from both sides, you may offer to compensate the loss to them in terms of money and arrange for a family partition and get it registered by obtaining NOC from bank.
You can contact an experienced document writer or an advocate in the local who will arrange everything properly, smoothly and legally valid manner.
1. Execute a mutual settlement deed between co owners of property for partition of land amicably.
2. Get the settlement deed registered by paying required stamp duty and registration charges.
Execute a registered settlement deed. it should be duly stamped and registered.
The law accepts and acknowledges family arrangements as valid agreements that have to be registered and are accepted as valid proof of partition. Therefore if you arrive at an amicable settlement with your family then rmdraft an agreement and register it. Otherwise file a partition suit.
You may file a partition suit in the alternative.
All your expenses have to proved.
It may take 2 years in the current scenario.