Partition of family property
The property belonging to my grandfather(deceased) has to be settled
He has 7 sons and two daughters all married
Few years back I purchased 2 rights (my father and one his brother's share) in the undivided property
Now the property is requried to be partitioned
since there is a rebate in stamp duty for partition of family property could a partiton deed be executed including me as a family member
The registering officer(SRO) has councelled that i have to first transfer the rights i purchased to my father and then only partition of property among the brothers and sisters could be done Please advise
Asked in Property Law from Alappuzha, Kerala
The properties to be partitioned among the family members eligible and legally entitled for a legitimate share in the property shall be entitled to the privilege of stamp duty exemption or concession.
You may be a family member but you are not entitled to any share in the property so the question of getting concession to you does not arise especially in the light of you purchasing the shares of two shareholders.
Out of partition among themselves, you can get your share allotted.
The partition to be effected shall be among the shareholders only.
The rebate is given to only blood relatives, whereas you are not related by blood to your father's siblings. So the registration officer is right. In order to avail the stamp duty exemption or rebate the signatories have to be related by blood.
1) on demise of grand father your father had one seventh share in property
2) partition deed has to be executed between father and his siblings
3) under section 44 of Transfer of property act co owner can sell his share without consent of other co owners
4) please clarify whether any regd sale deed executed by your father .and uncle for sale of share in property in your favour ?
5) purchaser can file suit for partition for division of property by metes and bounds
Thank you gentlemen for answering my doubt
Followup to the earlier question
I had acquired two seventh share in the property vide sale deed in year 2000 (one share of my father and one share of his brother)
Who all should join the partition deed? whether the two brothers who had sold their right should join the deed and
whether I have to join the deed.
For me to get pocession of the land should it be like this : First partition the land among the siblings and then by virtue of sale deed claim the right of the two brothers
Asked 7 months ago
1) Partition of land among siblings has to be registered
2) Then by virtue of sale deed claim the share of 2 brothers
3) sellers would not be part of partition deed
The partition deed should mention the names of the actual shareholders and their respective entitlement ion the deed and while allotting their schedule of property, it can be mentioned as the undivided property now sold and standing in the name of so and so. This will take care of all other issues and you will get the title directly through such partition deed drafted accordingly.
All the heirs can join the partition deed. No law says that those who are not blood relatives cannot execute a partition deed, but to avail the rebate on stamp duty the signatories have to be related by blood.