Partition of Joint property
My Father and my uncle purchased a plot jointly & got registered in 1966.Both have constructed house in their respective portion, mutually agreed and staying in it. Now my Uncle want to sell his house.
How the registry of plot can be divided in two part such that my uncle can sell their portion at the same time my father gets rights to sell his house later on independently.
Asked 2 years ago in Property Law from Delhi, Delhi
deed of partition can be made for division of plot and house by metes and bounds
then your uncle can sell his portion of house
If the property is undivided this far then your uncle can file a suit for partition to cull out his separate share in the property and then sell it after the division is done on court orders.
If your uncle has to sell his portion, he may first make an offer to your farther
If your father is not willing to buy, then he may offer to sell the property to a third person
They may get the property measured by local surveyor, demarcate the same and proceed with sale accordingly.
what is the procedure to make partition deed of joint property in our case.
Asked 2 years ago
1) contact a local lawyer . he will prepare deed of partition for division of property by metes and bounds
2) Partition deed has to be duly stamped and registered
Get the partition deed drafted by a lawyer and then it should be registered.
Now both can enter into a mutual partition and get it reduced to writing by making two schedules and each acquiring their respective schedule of property bounded by demarcated boundaries, get the partition deed registered and the separate possession as well as the marketable title shall automatically fall on each individual accordingly.
For proper legal partition, you can take the help of a local advocate.
You have not mentioned the extent of Plot. The Plot can be divided into two parts. Your uncle has to prepare a plan with registered Planner (got to his share) and have to attach it to the regd. sale deed to whom he wants to sell. The purchaser later has a right to construct a wall on the boundary line.
If it is cumbersome to your father, there is one more option left. Either your father has to sell his portion to your uncle or your uncle can his portion to your father by way of gift deed.