Swamy MS (Contract) 22 September 2023

Partition deed creation

Dear Sirs/Madam

I am from Bengaluru , I have a query regarding the creation of partition deed for My wife's Family

My wife(A) has a sister (B) who is legally divorced and a minor niece(C) and Wife's both parents are deceased ,
My wife(A) is the only one earning and contributing to maintenance of the family including payment of school fees of the Niece(C)

Below properties needs to be divided

Property P1 : House built using a bank loan and part funded by Wife(A) , My wife is paying the EMI from the beginning ,
The plot was on Wife's Mother name and she was alive when the Construction was started and Loan was availed hence all three are co borrowers

Property P2 : House with no loan , it is under name of my Wife's Mother

Property p3 : Agri Land which is acquired by BDA is under the name of Wife's Mother but there is a litigation from the earlier seller

Property p4 : Agri Land to be inherited from Wife's Mother family but under litigation , this may side in our favour or not but depends on judgement

Should we pool all the properties and partition in one go or can we partition in installments ?

We would like to create a partition in the below manner

P1 for Wife (A)
P2 for Wife sister (B) and Wife's Niece (C) equally as we would like to secure for the Child considering her mother is not caring enough towards her daughter

we want the above to be partitioned first and then we would like to wait for the P3 and P4 litigation to be cleared

I would request esteemed members to clarify and let us know the best ways to partition

Thank you in advance

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5 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 22 September 2023

Partition of property/properties should be done at a time only but not piecemeal. So please wait till the judgments are announced. Or if need money, Properties 1 and 2 are in the name of your mother-in-law, she can sell the same. They mutually decide to give the EMIs paid by your wife after the sale.

T. Kalaiselvan, Advocate (Advocate) 23 September 2023

Instead of waiting for the judgment to be made by the court while disposing both the pending cases, which of course may take years, it is advised that you proceed with your proposal to divide the properties accordingly.

There are only two shareholders to succeed to the properties hence the properties can be divided and partitioned between both the daughters only hence the niece of your wife cannot be included in this family partition.

Of course her mother can be instructed to subsequently make a settlement deed in favor of her daughter by retaining life interst with her over the properties.

Dr. J C Vashista (Advocate ) 23 September 2023

Prefer for settlement deed between all stakeholders amicably and submit the settlement to court so that a compromise decree can be passed by the adjudicating court.

Swamy MS (Contract) 25 September 2023

Thank you Sir's for your valuble suggestions

MY mother in law has passed away and all the properties are self made by late Father in law and my wife has contributed for for Property 1 we would like to ensure partition to be smooth and fair and also ensure security to the Child Would relinsquishment deed be of any help here , like Each sister releasing her share to the other amicably . or is the partition deed only way out here

P. Venu (Advocate) 25 September 2023

All the properties vest jointly with the sisters. They can amicably execute a partition deed in their best judgment. When you are willing to take care of the niece, why the obsession with the financial gestures from your wife in the past?