• Family partition

Hi,

Can an unmarried daughter create a family partition & distribute the properties she owns between herself, her parents & her siblings? I have heard only the parents can create a family partition? 

Will the daughter have to pay any stamp duty as she distributes the properties to her parents & siblings via family partition?

She is based in Maharashtra.

Thank you.
Asked 3 years ago in Property Law
Religion: Sikh

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8 Answers

A property owner having clear and marketable title on his or her name,  can very well dispose the property held in her possession and enjoyment in the manner she may desire and decide. 

Marital status is not an essential ingredient to decide about her desire to partition her property and distribute it to her family members as per the decision taken by her. 

There's no legal infirmity or impediment in it.

 

T Kalaiselvan
Advocate, Vellore
85347 Answers
2227 Consultations

5.0 on 5.0

She can execute gift deed for properties owned by her in favour of family members 

 

stamp duty and registration charges have to be paid for execution of gift deed or deed of family settlement or partition 

Ajay Sethi
Advocate, Mumbai
95146 Answers
7597 Consultations

5.0 on 5.0

1. In the described circumstances "Partition Deed" is legally not tenable.

2. Property Owner may execute Registered Gift Deed of properties standing in her name and give it to her siblings /parents. This will be Irrefutable, Irrevocable & Legally Final for all futuristic purposes including further Sale /Gift /Donate /Mortgage /whatever ....
Stamp Duty in MH: 500/-
Registration Fees in MH: 200/-

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

If she has ownership shares in the HUF property then she can apply for dissolution of HUF with the help of karta to the HUF can be dissolved.

Ganesh Kadam
Advocate, Pune
12933 Answers
256 Consultations

4.9 on 5.0

- If the said property is a part of HUF , then only Karta i.e. father can only sell create a family partition . 

- However , if no HUF , then she can transfer her share in the property by way of registered gift deed to any of the family member as per her wish. 

- Registration of gift deed required nominal stamp duty being the blood related. 

Mohammed Shahzad
Advocate, Delhi
13486 Answers
200 Consultations

5.0 on 5.0

Hello,

The stamp duty and process fees/registration fees will be incurred for any registered document. If you are the sole owner of the property, you can go ahead with registering a Gift Deed with the Registrar/Sub Registrar for a certain share of that owned property or the entire owned property in favour of your siblings/parents. You need to mention clearly the share you are gifting. And as per the market value of the property you will incur stamp duty. 

 

To elaborate more, you need to tell me what kind of property/properties you are referring to? Are they land/s or house/flat, etc.

Salome R Dias
Advocate, Vasai Virar
15 Answers

Not rated

if the properties are in the name of the daughter she can make the partition of the same as she desires. 

Stamp duty registration charges will have to be borne by the parties who will acquire the property.

 

Garima Anil Mehrotra
Advocate, Mumbai
514 Answers
1 Consultation

4.9 on 5.0

1. Being unmarried is not a disqualification for a daughter to execute a partition deed for her property.

2. In most states transfer of property from a blood relative to another is exempted from payment of stamp duty, but a partition is not tantamount to transfer. Hence, she will have to pay the stamp duty unless exempted by a speciallaw enacted by the state.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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