TNS 12 August 2017

Kerala : What is the procedure for partitioning a plot ?

Hi,

My mother owns a small plot in Kerala (Ernakulam) and now wants to split the plot into two plots (A & B) and provide me with one plot (A) of the property via a 'Gift Deed' . The remaning portion / plot (B) is to be retained for a future date after which I will have the option to buy it from my brother.

Can somone please share the step by step procedure for partioning a plot in Kerala ?
Do we have to ask the relevant authorities to measure the plot ? If so, who can provide this service ?
Can we just mention the dimensions of the plot in the gift deed ? (as I already have the rough dimensions)
Can anyone recommend affordable lawyers/document writers who can provide advice and also prepare and register the deeds ?
What would be the tax implications ?
Once the plot is divided what steps need to be taken to ensure registration and details in the panchayat / registrars office are updated ?

Thank you.

TNS

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5 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 13 August 2017

Your mother is property owner. So she has to make a partition deed & get registered the same. A partition deed for a property is executed to divide the property among different people - usually among the family members. A partition is a division of a property held jointly by several persons, so that each person gets a share and becomes the owner of the share allotted to him.

P. Venu (Advocate) 13 August 2017

Yes, the process could be settled through a deed, duly executed. The local document writer can get the needful done. In gift deed, that too among family memebers, there could be no tax implications. Subsequent to the execution of the deed the mutation (pokkuvaravu) could be carried out in the village records.

Kumar Doab (FIN) 13 August 2017

If it is self acquired/absolute property of the lady she can dispsoe it in her life time by a valid/registered deed e.g; Gift Deed being thought of by you.

The donor can gift by her free will and mention boundaries and donee can accept the gift. Once accepted gift is complete and confers ownership with immediate effect.

Later the gift deed can be presented to local official/authority to update in mutation records and latest copy of mutation records after updation ane be obtained.