Division of a Shop between three brothers.

Milind (Querist) 02 August 2019 This query is : Resolved
Hello Sir,

Please note that my grandfather willingly divided his shop into three parts and transferred these parts to his three sons. My father has registered the property which he received as his part.

The shop is at Delhi laxmi Nagar.
Problem is that no separate shop Numbers are updated for each parts at the registrar office and the shop number still shows (B-73) which was from the start before the division.

One of the part of this property which belongs to my father�s brother, is under dispute as there is case going on in the court between my cousins for that part.

Recently my father wanted to give his part on rent, but when we went to the registrar office, they checked in the system and told us that this is a disputed property as there is a case going on.

When we told the officials at the registrar office that this property was divided into three parts in 2002, and we want to give just our part of the property on rent, and the dispute is not on our part, but the other part that belongs to my fsther�s Brother, after hearing this the officials agreed to go ahead with the rent contract.

We made the rent contract on 26th July,2019.

But on 29th The registrar officials sent a complaint letter to the owners of the disputed part asking stating that there is a dispute going on for this property and we have received a request for rent lease, so please update about the latest court proceedings within 7 days or else we will consider that you have no objection to give it on rent.

This confusion happened because the shop number (B-73) is still the same at the registrar office.

So Sir my query is as follows-

1) Does the shop number remains same after property division?
2) How to get registrar system updated regarding the three divisions ?

The property tax and electricity bill of the part that my father owns is registered on my Father�s name.

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Dr J C Vashista (Expert) 02 August 2019
Consult your lawyer engaged by you, who is well aware about facts and circumstances of the case and an able, competent and intelligent enough to satisfy your questions.
If you are interested to seek a second opinion consult a local prudent lawyer with relevant document for better appreciation of facts, guidance and proceeding.

Hemant Agarwal (Expert) 03 August 2019
1. Apprehensively Shop no. B-73 is one unit and not physically divided and recorded in the revenue records /municipal records. Hence the shop is one single unit with three joint owners.

2. You have to conduct proper demarcation or partitioning of the property by following due procedure of law, since this is essential for futuristic Sale /Gift /Mortgage / Rent /Lease /Donation /whatever .... It will be divided as B-73(A), B-73(B) and B-73(C).

Keep Smiling .... Hemant Agarwal
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