• Land separation with residential property built on top

Hello,
Is it possible to get separation papers for a land that already has residential property built on top? 
For context, there is already an agreement in place between the two co-owners in terms how the land/property will be divided among them. So the separation is not contested.
If the above is possible, what's the process, timeline and fees? 
I am also wondering if we receive new holding numbers through this process? 
Thank you very much!
Asked 1 year ago in Property Law
Religion: Muslim

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8 Answers

On basis of registered deed of partition for division of plot and building constructed on said plot apply for mutation in your names as separate property 

Ajay Sethi
Advocate, Mumbai
96125 Answers
7732 Consultations

5.0 on 5.0

It should take around 3 months or so 

Ajay Sethi
Advocate, Mumbai
96125 Answers
7732 Consultations

5.0 on 5.0

Dear client,  

To obtain accurate and reliable information about the process, timeline, fees, and specific requirements for land division and property separation in your area, it is important to consult with a local legal professional who specializes in property law. They will have the knowledge and expertise to guide you through the specific procedures and legal requirements based on the laws of your jurisdiction.

Each jurisdiction may have its own specific processes and timelines for property division and separation, and these can vary based on factors such as the location, local regulations, and the complexity of the situation. Therefore, it's best to consult with a lawyer who can provide you with advice tailored to your specific circumstances and jurisdiction.

Again, I apologize for any confusion, and I encourage you to seek professional legal assistance to get accurate information regarding the land division and property separation process in your area.

Anik Miu
Advocate, Bangalore
9802 Answers
115 Consultations

4.9 on 5.0

If it is parition then you can draw a partition in writing and get it registered.

The partition deed will contain the schedule of property to be partitioned on the basis of the land underneath the stricture and the common areas as well as the floor wise building separation.

Once the partition deed is registered, then you can apply for mutation of revenue records to your names accordingly through the revenue department.

 

T Kalaiselvan
Advocate, Vellore
86323 Answers
2293 Consultations

5.0 on 5.0

First of all get a partition deed drawn and registered which will hardly take two or three days depending on how fast you initiate the process with the other shareholder through a document writer.

Once you have got the partition deed registered then you can apply for mutation of revenue records which should be completed within 15 to 20 days from the date of application but you should regularly follow it up. 

T Kalaiselvan
Advocate, Vellore
86323 Answers
2293 Consultations

5.0 on 5.0

The es it can be done if there is no dispute

Prashant Nayak
Advocate, Mumbai
32301 Answers
192 Consultations

4.1 on 5.0

Any owner of a superstructure built over a plot of land is legally entitled to a proportionate undivided share of land. No one can built castles in the air! If the co-owners agree mutually on the proportion, a suitable agreement on the division could be drafted, executed and registered. In the absence of such an agreement, a suit has to be filed at the proper court through a competent lawyer for an order for dividing the respective shares.

Swaminathan Neelakantan
Advocate, Coimbatore
2887 Answers
20 Consultations

4.9 on 5.0

- You can enter into a Petition Deed or Family settlement deed for separating the property , and registered the dame from the office of the Registrar. 

- Further, after submitting the said deed before the revenue officer /Tehsildar , you can apply for mutation in the independent names . 

- It can take 6 to 10 days for getting mutation of the property . 

Mohammed Shahzad
Advocate, Delhi
14112 Answers
211 Consultations

5.0 on 5.0

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