• Partition Deed

My father his brother and sister have got a property from their parents through inheritance. Now they are planning to have a partition Deed executed. Our lawyer advised us to get a demolition approval as there's also a building there currently and we are residing in it. If this demolition plan approval is not taken the shares will be divided as UDS is what our lawyer has told us. The co-owners involved have come to a mutual agreement on the sizes of land extent they will be getting as it is different for each one. So is it mandatory to go for the demolition approval?
Asked 2 years ago in Property Law
Religion: Hindu

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8 Answers

No, it is not necessary to get demolition approval before going for partition. As such there is no rule. It is a matter of convenience that a land can be conveniently partitioned comparing a built up house. If your father, his brother and sister mutually agree then they can carry partition on mutual terms in respect of all land including built up house also. 

Siddharth Srivastava
Advocate, Delhi
1551 Answers

If the currently dwelling house property is habitable and would be an unjustified act if demolition process is proposed then, it is not advisable to go for demolition. Since it would be an amicable partition on mutually agreed terms, the partition can be decided by both and to compensate in terms of money if the other one is getting a better share in the property.

The property can thus be partitioned without causing any damage to the existing good structure.

T Kalaiselvan
Advocate, Vellore
90073 Answers
2501 Consultations

It’s not mandatory depends on your discretion 

Prashant Nayak
Advocate, Mumbai
34586 Answers
249 Consultations

As rightly advised by your counsel, if you do not obtain a demolition approval, you may get only an undivided share each. If you do so, the underlying land parcel can easily be divided by proper metes and bounds and each of you can get your specific portion duly marked and divided.

Swaminathan Neelakantan
Advocate, Coimbatore
3071 Answers
20 Consultations

No need of approval.

And in your case, if partition is not equal than settlement deed will execute.

Yogendra Singh Rajawat
Advocate, Jaipur
23084 Answers
31 Consultations

- If the said building is floor wise ,and your father , brother and sister is residing on separate floors of flat of the building , then each technically each having to things.

1. First is the constructed part of the building where you are actually residing , and

2. The Second is a proportionate share of the land on which the property is built, and this share of land allotted to all the sharers and this is termed as undivided share in the land.

- Further, the value of the said flat/property is depend on the UDS, and constructed area i.e. Land rate will increase and not the value of the constructed flats rate. 

- Hence, if all the sharer want to stay in the respective portion of the building , then the demolition approval of the building is not needed or execution a partition deed. 

Mohammed Shahzad
Advocate, Delhi
15830 Answers
242 Consultations

The requirement for obtaining a demolition approval before executing a partition deed depends on the local laws and regulations in your jurisdiction. In some cases, obtaining a demolition approval may be necessary if there is an existing building on the property that needs to be demolished for the partition to take place. 

 

If the lawyer has advised you to obtain a demolition approval, it is important to comply with this requirement to ensure that the partition deed is legally valid and enforceable. Failure to obtain the necessary approvals and permits may lead to complications or legal issues in the future.

 

Additionally, your lawyer may have recommended obtaining the demolition approval to ensure a smooth and hassle-free partition process. By securing the necessary approvals in advance, you can mitigate potential conflicts or objections from authorities or other stakeholders involved.

 

 

 

 

Anik Miu
Advocate, Bangalore
11023 Answers
125 Consultations

Yes it is mandatory to get demolition approval if the building is dilapidated conditions and hazardous to the neighboring buildings/structures etc.,   

S Shree Narasimhachaary
Advocate, Chennai
21 Answers
4 Consultations

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