Mother is alive or not?

1. If mother is alive then a deed of settlement between sons and mother would be suitable document. Each floor could be taken by each sons with common facilities of lift, parking, maintenance etc while all three should have equal share in land beneath the building and other portion of plots. However, mother should be taken care of by all sons jointly and severally. 

2. If mother is not alive then sons have to apply for succession certificate from court  should get property mutated and then can execute settlement deed.

3. If mother has left any WILL then probate in respect of WILL shall be required to be taken from court. 

Mother can execute will bequeathing property to her 3 sons equally 

2) it can mention each floor will belong to one son 

3) will should be attested before 2 witnesses and can be registered 

4) it should mention terrace would form part of common area for benefit of all 3 sons 

5) apply for probate of will on mother demise 

6) probate is judicial proof that will is genuine 

7) the n apply for mutation of property in name of 3 sons 

8) you can sell property after mutation has been done 

1.  Partition Deed is the best solution in the given circumstances. Registration of individual floor in each brother's name.

2.  After the registration of Partition Deed, submit copy of the deed to the jurisdictional Corporation/Municipality/Gram Panchayat, as the case may be, for mutation of the property in the individual brother's name.

3. If you are selling the flats to third parties, ensure that the owner of each flat gets a stilt car parking.

4.  The terrace area has to be treated as common area for all the residents and no permission to be given to anyone for roof /

terrace rights.

As the landed property is owned your mother, first she has to transfer it among the three of you in some equitable percentage, say, in proportion to the expenditure each of you incurred, by means of a settlement deed which needs to be registered duly. Then each of you will be legally entitled to an undivided share of the land over which the superstructure is built. Afterwards, the three of you can execute a partition deed dividing the construction floor wise for the sake of practicality, mentioning all the relevant facts, such as your mother's settlement deed, the share of undivided portion of land for each, the amount of contribution made by each of you for construction of flats etc., and register it. As for the common areas such as car parking, rooftop terrace, lifts, generators etc., recite in the partition deed that these are meant for common possession and enjoyment and none of you  could claim any exclusive right. 

1. A family partition deed with details of the further development of property into number of floors and allotment of each floor with common area descriptions would ensure the arrangement as legally valid provided it is executed by a registered deed. 

2. Once each floor has been registered on each individual name,  you can sell it independently. 

3. The stilt parking and terrace are common areas,  hence the allocation of them and compensation to the one who was not given any share in the common areas should be properly recited in the registered deed to avoid future litigation. 

Yes through registered partition deed Deed same can be done 

one  can only sell his share of entire property 

The deed should decide all issues

Dear client, below I have provided some important information.

Dividing the property equally: To divide the property equally among the three brothers, you have a few options.

a) Partition Deed: A partition deed is a legal document that allows for the division of jointly owned property. It can be used to allocate specific portions of the property to each brother, specifying their respective rights and responsibilities. This can be a tax-efficient solution as it ensures each brother receives his fair share without additional tax implications.

b) Will: If your mother is willing, she can draft a will that clearly states her intentions to divide the property equally among her three sons. However, it's important to consider the potential tax implications of inheriting the property through a will, as inheritance tax laws vary by jurisdiction.

c) Registration of individual floors: Another option could be to register each floor or apartment in the name of each brother individually. This would provide individual ownership and may simplify the process of selling individual units in the future. However, it's crucial to consult with a local attorney to understand the legal and tax implications of this option.

Selling the property in the future: If you wish to sell the property in the future, the method of sale would depend on how the property was divided among the brothers.If a partition deed was executed, each brother would have a specified portion of the property in his name, allowing for independent sale of their respective portions.If the property was divided through a will, the property would pass to the brothers as per the terms of the will. To sell the property, the brothers would need to follow the legal procedures and requirements for selling inherited property.If individual floors were registered in each brother's name, they would have independent ownership, and selling their respective units would be similar to selling any other individual property.

In any case, it is advisable to consult with a local attorney to understand the specific legal requirements and procedures for selling property in your jurisdiction.

Stilt parking and roof rights: To address the issue of stilt parking and roof rights, it would be advisable to have a clear agreement or documentation that outlines the rights and responsibilities of each brother. This agreement could specify the allocated parking spaces for each unit and any restrictions or guidelines for the use of the roof area. Having a legally binding agreement can help prevent conflicts in the future and ensure that everyone understands their rights and obligations.

Is your mother alive ? If yes than she can execute Will bequeathing each floor to each brother and proportionate right in land. 

If no than all have 1/3rd share each in property. Execute family settlement acc. to choice of floor. Land right will be same - proportionate.  

For sale of property - Will - settlement /partition deed (register) is necessary.

roof right common, none can construct without the permission of other owners.

1. If your mother is not alive , then you three brothers can execute a registered Partition Deed 

- Further, if she is alive , then she can registered the gift deed in your favor for saving the stamp duty and tax implication. 

2. After executing Partition deed , you three brothers can apply for mutation individually after submitting the deed and residential proofs , and on this ground the property can be sold independently. 

3. You can mention the arrangement of parking in the Partition Deed.