• 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 2 months ago in Property Law from Alappuzha, Kerala
Religion: Hindu
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.
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
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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. 
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
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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

Ajay Sethi
Advocate, Mumbai
23278 Answers
1219 Consultations
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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 
Ajay Sethi
Advocate, Mumbai
23278 Answers
1219 Consultations
5.0 on 5.0
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.
T Kalaiselvan
Advocate, Vellore
14056 Answers
127 Consultations
5.0 on 5.0
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. 
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0

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