• Property distribution

Dear Sir/ Madam,

We are two bothers having our property in Nagar Palika Area- Shahada, MS. 
Which is our ancestral property from our grand father. Now we want to distribute the property between both of us. One part of property is in the name of my name and left over property is in the name of my brother, But this property is having different City Survey Numbers. 

Moreover, we approach to Registrar office to get distributed this property between both of us as per our distribution deed. but Registrar has inform us to get the valuation report and asking to pay the tax of 5% on the valuation of property.

Pls guide us and what are the current rules for above..

Asked 2 years ago in Property Law from SHAHADA, Maharashtra
Religion: Hindu
1. Apply for separate mutations for the two properties.
2. If there is proper deed of division of property into 2 separate unit the municipality is bound to mutate the properties into 2 different numbers.
3. For this you need to pay regular mutation fees but no separate tax will be levied.
4. If municipality still insist for tax for which there is no provision in local municipality act you can file writ petition in high court.
Devajyoti Barman
Advocate, Kolkata
12493 Answers
159 Consultations

5.0 on 5.0

1) deed of partition or family settlement for division of property by metes and bounds is required to be stamped and registered 

2) you have to pay stamp duty on value of property as per ready reckoner  rates or circle rates 

3) yiu can submit the document to collector for adjudication of the stamp duty payable on said partition deed 
Ajay Sethi
Advocate, Mumbai
44159 Answers
2561 Consultations

5.0 on 5.0

Hi, both of you entered into a deed of partition and it can be registered before the Sub-Registrar,  so that Sub-Registrar  can't demand the tax on 5% on valuation report.
Pradeep Bharathipura
Advocate, Bangalore
4527 Answers
202 Consultations

4.3 on 5.0

From your contents it is understood that you and your brother made a partition deed in your favors and for registration of the same you had approached the registrar's office where you got that reply. 
You should be aware of the fact that for registration of immovable properties, you have to pay the requisite stamp duty meant for it that rate the government has fixed.
So what is your query?, pay the necessary stamp duty ad the registration charges and get your property registered on individual's name. 
T Kalaiselvan
Advocate, Vellore
34322 Answers
367 Consultations

5.0 on 5.0

1. If the property was bought by your grandfather then it is not ancestral.

2. In your case if the property is already registered in your and your brother's favour then you do not need to divide it as it is already divided. You can take separate possession by executing a family settlement. The settlement should be registered. There is no legal requirement to get the valuation report. 
Ashish Davessar
Advocate, Jaipur
22958 Answers
631 Consultations

5.0 on 5.0

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