kumar (hhhlili) 30 September 2016

Partition deed

Hi Team, I have two questions. To avoid confusion, at this point of time i am asking you the first question and once i get the information, i will seek your help for the second question. Your answer is highly appreciated.

Want to know how the Partition can happen in the following Scenario. A persion died without a WILL and he owns two properties A&B. Unfortunately Property B is in "Prohibited List" and sure one day this will be removed from the prohibited list but taking time by the government to do that. In this situation how the family can go for a partitition? Is there a way that, first the Property A can be partitioned and then Porperty B later once it gets removed from the prohibited list or How?

Please answer. Thank you in advance.

Regards,

Kumar

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3 Replies

adv.bharat @ PUNE (Lawyer) 30 September 2016

Kumar ji all legal heir have right over the legally acquired property by the owner.

Hence only a property can be divided by partation only.

If u like my suggstion then give THANK my profile.

kavksatyanarayana (subregistrar/supdt.(retired)) 30 September 2016

as per your query you should mention all the properties for a partition deed. otherwise a property be dividied by the legal heirs, then 2nd time no partition deed be allowed as per Stamp Act. But if you divide the property 2nd time, then it will be treated as conveyance on sale and the stamp duty shall be paid more than the duty paid for partition.