We are a Hindu family that includes two married brothers, our wives, kids, and our mother, all living together. We are currently planning for the partition of our family property. My father passed away in 2023, and most of our family properties are still under his name. 1) Since there has been no formal division of the property, our mother has become the successor to all of my father's properties. We have applied for Pavathi khatha under my mother's name and plan to proceed with the partition among us. Could you please confirm whether this is the correct procedure. 2) Regarding the house we currently live in, it is a self-acquired property by my elder brother and me, purchased in 2016, and registered under both our names. My brother wishes to transfer this property to me as part of the partition deed. I would like to understand the correct procedure for this transfer. Should my brother execute a release deed first and then mention it in the partition deed 3) Additionally, there is an ancestral house that was owned by our grandmother and transferred to both of us through a gift deed in 2020. According to the partition plan, this ancestral house will come under my ownership. Do we need a release deed from my elder brother before executing the partition deed for this property as well? Your guidance on these matters would be greatly appreciated.
Deed of family settlement or partition should be entered into for division of properties .it should be duly stamped and registered
2) deed should mention that brother is relinquishing his share in x property.release deed would be required for said property
3) in ancestral property brother would relinquish his share .release deed would be required later
You can include the said averments in partition deed itself no need to execute separate deeds. Only all legal heirs should agree for the said partition to happen
1. As far as the properties left behind by your deceased father, it devolves equally on all his legal heirs, i.e., your mother, you and your siblings.
Your mother cannot become the successor in interest to succeed to the entire estates left behind by your father.
Since the said properties devolve equally on all the three, you may enter into a formal partition among yourselves to divide the said properties among yourselves on the basis of amicably agreed conditions. The partition deed may be drawn and get it registered..
You can divide the properties into three schedule of properties with one schedule allotted to each.
2. The property purchase jointly by you and your brother belongs only to two of you and your mother or anyone do not have any rights in it, you can divide the property by a mutually agreed partition deed and the so drawn partition may be recorded in a registered deed.
3. The property transferred by your grandmother to both of you becomes your absolute property. Please note that the grandmother's property is not ancestral proeprty, hence the property transferred to both your names by a registered gift deed becomes your own and absolute property hence neither your mother nor any other person can claim any share in it as a right.
You can divide the said property also by a mutually agreed partition and the same may be drawn by a registered partition deed into two schedule of property.
4. After having done with all the above three registered deeds, you and your brother can decide about exchanging each other's share in the said properties to each other and draw an exchange deed, get it registered.
After this process is completed yo may get the revenue records transferred to your respective names accordinlgy.
5. The proposed registered release deeds will actually confuse and if not done properly then the title will be defective in all the properties, therefore you can better do it patiently by deciding the proper mode of transfer instead of suffering the legal hassles at a later stage.
You can discuss with an experienced lawyer before taking any further concrete steps in this regard.
On points 2 and 3, both the property that was purchased jointly and the property that was transferred to me by my grandmother through a gift deed are currently being transferred to me from my elder brother. Could you please let us know if it is possible to transfer both of these properties to me through a single partition deed between me and my brother ? Also, I would like to inquire whether the above two property transfers should be recorded in the partition deed that is being executed between my brother and mother for the properties left behind by my deceased father.
Single partition deed would not be sufficient
release deed would also be required by brother
Yes both the above things can be done as well as you need to make mention of above 2 properties transfer
The two properties which are being held jointly by you and your brother can be transferred to yor name by your brother executing a registered gift deed in your favor and since your mother is not a shareholder in both the properties, it may not be proper to include these two properties in the proposed partition deed.
Insofar as the property to which all three of you are shareholders, you can decide about an amicable partition on the mutually agreed terms among you three in the manner that you all agree and draw a partition deed, get it registered for legal recognition.
Dear sir,
it is suggested that instead of going for partition deed, you go for the family settlement deed. Both the words, seems to be similar but there is slight technical and legal difference. In that family settlement deed, you may go for the doing all the works of settlement in one deed. That should be nicely drafted mentioning the details of the all the property, nature of transactions through which acquired and the terms of settlment among all the family members i.e. you, your elder brother and the mother. After, the settlement deed is prepared, get the same registered at the registrar's office. Through, this work will be simplified and needful purpose would be solved.
Yes, transferring your father’s property to your mother’s name and then doing a registered partition deed is correct.
For the jointly purchased house (2016), your brother can transfer his share to you within the partition deed—a separate release deed is not required if it's clearly mentioned.
For the gifted ancestral house, if both are co-owners, your brother’s share can also be transferred to you in the same partition deed.
You can include all properties in a single partition deed, signed by your mother and brother, and register it at the sub-registrar office.
