• Legal partition of house inherited from our late father

We live in DELHI.After the death of both my parents some time back we were two brothers and one sister.Thru a family settlement made between us my sister living overseas renounced her share in the residential house thru a valid legal deed. In MCD records we had mutated the property in both the brothers name.
This year my brother also expired and he is survived by his wife and two married daughters.
Both our families are staying on respective seperate floors.The house consist of Ground, First and Second floor. Only the second floor is divided into two units so that both families have 1 1/2 floors each. During my brothers lifetime we had even executed a partition deed ( unregistered) dividing the house equally 50-50 and marking out the portions.
I am told that to make it a legal partition we have to go to the sub registrars office and get this partition legalised so as to avoid future dispute amongst both the families and be crystal clear as to who owns what.
I would like to know if we would be required to pay any stamp duty etc to the Govt.? to have the respective areas in our names . Since this is a case of inheritance do we still have to pay to the sub registrars office for a legal partition. Can i get advise how to go about. Thank you.
Asked 1 year ago in Property Law from New Delhi, Delhi
Religion: Hindu
1) deed of partition has to be duly stamped and registered to be admissible in evidence 

2) you will have to pay stamp duty as per stamp act of your state .

3) stamp duty is state subject and varies from state to state 

4) contact a local lawyer
Ajay Sethi
Advocate, Mumbai
23397 Answers
1229 Consultations
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Hi
 what was the legal deed executed, was it a registered release deed by your sister. if so it is legally fine. was there a family settlement deed  registered , if yes the you do not need any other legal document  to be registered or made. now.
But if there is no family settlement deed registered , you can prepare a family settlement deed or a partition deed maintaining the old proportion of terms of settlement, this can be signed by the existing parties who were part of the settlement and the legal heirs of those who passed away.(brother) and be registered by paying the required stamp duty.
In case a partition is by mutual consent, a partition deed is executed by the co-owners. The partition deed is required to be registered at the office of the sub-registrar of the place where the property is situated as in case of any other registration.

The stamp duty payable in partition deed  is Rs 1,000 for each share of the property. Further, the registration fee will be Rs 500 or more to it  for  More than one person may jointly own a property. , whereas the family settlement deed will attract more stamp duty as per market value of the property.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
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If the partition effected through writing on a document then the same is required to be registered.
Now also there is no such delay. Make a partition deed executed and registered on the line of previous arrangements.
Yes you have to pay the requisite stamp duty for the same.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
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1. A partition deed requires a mandatory registration, failing which it is not an instrument of rights. The stamp duty is to be paid on the market value of the property which is divided and put in separate possession.

2. It is a case of succession but if the partition deed has been executed then it has to be registered.
Ashish Davessar
Advocate, Jaipur
18264 Answers
450 Consultations
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Hi, you have to enter into a deed of partition and for that you have to pay the Stamp duty, normally the nominal  stamp duty has to be paid.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
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no need to pay any thing, file a civil suit for partition before the court and settled the matter before mediation with your sister-in-law in which both of you may show your portion and after court order file an application for mutation and get the same, the court fee which will be paid at the time of filing the suit will also be return due to settlement.

Feel free to call
Nadeem Qureshi
Advocate, New Delhi
3539 Answers
131 Consultations
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1) suit for partition takes 15 years to be disposed of 

2) you will have to pay court fees depending upon market value of your share of property . 

3) better enter into deed of family settlement or partition pay stamp duty and have it regd 
Ajay Sethi
Advocate, Mumbai
23397 Answers
1229 Consultations
5.0 on 5.0
1. You are free to file a lawsuit for partition if the partition deed is not registered and cannot be registered now. 
2. Any one of the heirs can file for partition against other heirs. The disposal time depends on the pendency of cases in the court.
Ashish Davessar
Advocate, Jaipur
18264 Answers
450 Consultations
5.0 on 5.0
I am told that to make it a legal partition we have to go to the sub registrars office and get this partition legalised so as to avoid future dispute amongst both the families and be crystal clear as to who owns what.
I would like to know if we would be required to pay any stamp duty etc to the Govt.? to have the respective areas in our names . Since this is a case of inheritance do we still have to pay to the sub registrars office for a legal partition. Can i get advise how to go about.
You have been rightly advised to get the already executed partition deed registered respectively to avoid litigation or disputes in future. 
The stamp duty for registering the partition deed have to be paid as per the charges meant for it under Delhi administration for this purpose. There is no exemption for the case where the property is inherited or so. Well the partition itself after inheritance only. 




As advised by one of the lawyers on the panel can I take the path of filing a civil suit for partition ? Without going to the sub registrars office and paying the stamp duty as per the circle rateg?Normally how long this process takes and does it require that both the parties file a case against each other?Kindly advise
Even in the civil suit for partition you will will get only a decree of partition but again you have to register the partition as per the decree drawn in the suit.  In that you will be spending extra money for litigation, lawyer's fee, time and energy etc.  A partition suit may take years to get disposed, because it is at two stages, on is preliminary and next is final.  Dont be misguided by the words of wrong advises.  After preliminary decree, to demarcate the properties, advocate commissioner need to be appointed who will give his report based on which the final decree will be drawn by the court.  It will take more than three to five years for completing such formalities and also the amount spent on lawyer's fee, litigation expenses etc. 
To get your existing partition deed registered shall involve no much cost.
T Kalaiselvan
Advocate, Vellore
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