Make a proper and water tight agreement cum settlement deed signed by all four sons and also get the same registered. 

Apply for mutation of property in name of the legal heirs on basis of father will 

enclose father’s death certificate, and latest receipt of payment of property taxes 

3) redevelopment can be done of the property and deed of family settlement entered into for division of property by metes and bounds 

1. Let all the brothers execute a Family Settlement Deed, incorporating that the existing building will be demolished and four floors be built, after demolition. Each floor will be independent in the name of each brother.

2.  After the construction of entire building is completed, all the four brothers can execute a registered Partition Deed, corresponding to each floor by the brothers, in the jurisdictional Sub Registrar's Office.

A family settlement agreement can be entered among all four about demolition and reconstruction of the same on the terms that the costs and other issues are sorted out accordingly or equally among all the four and the agreement may be executed by a registered document to make it legally enforceable with penalty conditions for breach or violations accordingly.

You can get the agreement drafted by an experienced lawyer in the local and proceed 

1. As beneficiaries of the will are in agreement, draft an agreement  among for construction of four storied structure on the  existing site.
2. Prepare a layout for four storied residential/commercial building and obtain sanction from municipal corporation by submitting registered will, probate of will is not required in Haryana.
3. Incorporate terms of division of each floor as per the agreed terms.
4. After completion of building and grant of oc/cc execute a partition deed among four brothers and get it registered.

- You the brothers can registered a Family settlement deed after giving the details of property share and the details of the earlier will

- Further , on the ground of the said family settlement deed , you can apply for mutation of the property in the respective names. 

You can execute a registered partition deed mutually and distribute the same

Dear client,

Please find the below documents necessary for partition of the property.

1. Family settlement deed- the document stating consent to demolition of your one storey building, along with the necessary details of the land must be stated and the decision to build a dour storey house must be stated and signed by all 4 brothers stating who gets which floor, the distribution of cost of construction and many other details necessary and witness and registered.

2. Partition deed- partition of the property must divided among the brothers and registered. The partition deed must contain details of

3. Building Plan Approval- an approval to demolish the existing house must be seeked through the municipality, new sanction should be received for the 4 storey house plan.

4. Sale Deed- A sale deed must be executed for each brother, stating the measurement, dimensions of the house, facilities provided, fixtures if any, amenities, leisure to use space and any other condition has to be mentioned.

5. Mutation deed- An application stating the partition, sale and other details for government record.

6. Encumbrance certificate- apply for an encumbrance certificate to acknowledge there are no debts, unpaid dues or legal disputes on the property.

In such matters of property division, ensuring a legally sound and amicable transfer is crucial to avoid future disputes. By executing a well-drafted family settlement agreement and following the due legal process—partition deed, registration, and mutation—you can secure clear ownership rights for each brother. Given the complexities of property laws and municipal regulations, seeking guidance from a qualified property lawyer will not only ensure compliance but also provide peace of mind for all parties involved. A structured and transparent approach will safeguard your family’s interests and prevent any legal hurdles in the future.

Execute a deed of family settlement between the four brothers and get the same registered. 
The division of the property has to be clearly outlined in the deed of family settlement, which can be drafted by any experienced lawyer. 
registration of the same would be mandatory. Probate of will would not be required.

To transfer the property legally among the four sons, follow these steps:

1. Probate or Execution of the Will (if required)

Since your father left a Registered Will, the first step is to apply for probate (if required by local authorities) or mutation of the property based on the Will.

• 
  If there’s no dispute, you may directly apply for mutation in the municipal records.
• If any authority demands probate, you must file for it in the civil court.

2. Mutation of Property in Revenue/Municipal Records

• Apply for mutation with the local municipal authority (Faridabad Municipal Corporation).
• Submit documents: Death certificate, Will copy, legal heir affidavit, and property tax receipts.
  
• Once mutated, the property will be recorded in the names of the two sons (as per the Will).

3. Family Settlement or Gift Deed for Equal Division

Since the Will originally divided the property into two sections (ground floor & terrace rights), you need a legal method to ensure all four brothers own separate floors:

Option 1: Family Settlement Deed (Best Option)

• Draft a Family Settlement Deed, signed by all four brothers, mentioning the agreed division of floors.
• Get it registered at the Sub-Registrar’s Office in Faridabad.
• This is the most tax-efficient and legally strong option.

Option 2: Gift Deed

• The two brothers who inherited the original property (as per the Will) can gift the relevant floor portions to the other two brothers.
• A Gift Deed must be registered, and stamp duty may apply (though usually lower for family members).

4. Individual Registration of Each Floor

Once the property is legally transferred among the four brothers, apply for separate ownership records for each floor under the new Haryana Floor Ownership Regulations.

5. Approval of New Construction Plan

Before demolishing the old house, obtain:
✅ Approval from the Town Planning Department for constructing four floors.
✅ Fresh property tax assessment for individual floors.

This will ensure each brother gets clear, independent ownership of his respective floor in municipal records.

Final Steps

✅ Update property records at Faridabad Revenue Office.
✅ Update electricity, water, and municipal tax records in individual names.

Would you like a draft of the Family Settlement Deed? Let me know, and I’ll prepare one for you.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

To legally transfer the property of your late father and ensure that each brother owns an individual floor, you need to follow these steps:

1. Probate of the Will (If Required)

• If the Will is registered and uncontested, probate may not be mandatory in Haryana.
• However, if any authority requires validation, you may need to apply for probate in the appropriate civil court.

2. Mutation of Property in Revenue Records

• File an application for mutation with the Municipal Corporation or local revenue authority.
• Submit the Will, death certificate, property tax receipts, and identity/address proofs of legal heirs.
• Once approved, the property will be transferred in the names of all four brothers as per the Will.

3. Partition or Family Settlement Deed

• Since you all have agreed to demolish and rebuild, a Partition Deed or Family Settlement Agreement should be executed.
• This deed should clearly allocate each floor to a specific brother.
• It should be executed on stamp paper and ideally registered with the Sub-Registrar’s office for legal validity.

4. Demolition and Reconstruction Approval

• Obtain demolition permission and a building plan sanction from the local municipal authority before reconstructing.
• Ensure compliance with the Haryana Building Code and municipal regulations.

5. Individual Sale Deeds or Gift Deeds (Alternative Option)

• After mutation, if each brother wants a clear title, each can execute a Gift Deed or Sale Deed in favour of the respective owner of the floor.
• Register these deeds with the Sub-Registrar's office.

Once these steps are completed, each brother will have a legally owned floor in the newly constructed building.

Let me know if you need assistance with drafting or registration of the legal documents.

Thanks and Regards,
Advocate Aman Verma
Legal Corridor