Are you the owner of commercial property?
2) is any society formed of all owners of commercial property?
3) deed of partition has to be executed duly stamped and registered
Partition of commercial property to sell
Hi, Can old commercial property of single plan (Aea) be partition into 2 or more to sell partitioned units to different owners. If it is allowed, then what is a procedure to do so. Regards Raul
Asked 3 years ago in Property Law
Religion: Hindu
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10 Answers
I intend to buy a property, which is partitioned from bigger unit and owned by seller. Existing owner (now seller) has purchased it from developer, who partitioned it in 2007.(468 Sqft out of 2500 Sqft) Agreement of sale is registered in 2007 and society certificates are issued in 2015
Asked 3 years ago
1) ask seller to obtain NOC from society
2) also no dues certificate .check whether seller has original documents of title
3) then only purchase the property
A residential property can be divided for the purpose selling as part units with the permission of BMC sanctioning division as per measurements.
A residential property can be divided for the purpose selling as part units with the permission of BMC sanctioning division as per measurements.
If the owner has the title to the property and is an independent owner, he can very well sub-divide the property which can be termed as division of property to enable him to sell the properties as two or different units to sell to the prospective purchasers.
If it is coming under a society or an association of commercial owners then the partition of this property cannot be done without NOC from the society and also from the local civic body.
The NOC from the society is mandatory
You may have to get the other relevant documents including the title documents and the tax receipts as well as no due certificate to be scrutinised by a local lawyer and can proceed only if recommended.
- If the property is undivided , then without partition no portion can be sold without the consent of other legal owners.
- However, if the existing owner has purchased it after executing a sale deed in his favour from developer who partitioned it , then it can be purchased by you.
- You can check the ownership documents with the existing seller , and the said partition deed .
Dear Client,
As per the facts provided by you, it seems to be incomplete if you elaborate it more, it will be easy to give advice.
Thank You
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does the partition also reflect in the sanctioned amended plans of the building?
if yes then it is ok
also for the chain documents you will have to ask the seller as to who keeps the first original agreement for sale since when the unit was sold it was sold as one unpartitioned unit
