Civil Procedure Code (CPC)

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About partition among family members

(Querist) 12 December 2013 This query is : Resolved 
respected sir i am mr. prahalad 38 years old and my point is my father purchased an open plot of 322.66sq.yds in 1977, and constructed a two flored house in that plot and the built up area of the ground floor is 1427.98 sq.ft and the built up area of the first floor is 1343.164 sq.ft. this property is my fathers self acquired property. totallywe are 4 children to my father.3 sons and 1 daughter.my father expired 9 years back intestate and the house stands in the name of my father in the register office and in the muncipality records. my mother and we 4 children totally 5 members will become legal heirs for the above said property.now we want to go for partition in that property. we all of us came to one aggrement that the land of 322.66 sq,yds should be divided in to four equal parts and the house should begiven to our mother and as long as my mother lives she can take the rents of the above said house property and use for her self.(medical expences)only after her life if we(4 childen) all of us will take the rents and share equally. if the building gets older then we will demolish the house(house is now 37 years old) and can construct new house in the same place individually in our plots. now my point is how we should go for registration. whether this property should be treated as open plot or else like a house hold property, what will be the stamp fees.how the documents should be prepared.kindly suggest me for my further proceedings.
adv. rajeev ( rajoo ) (Expert) 12 December 2013
Land and building will be valued for the registration purpose.
krishna mohan (Expert) 12 December 2013
As long as building exists it will attract registration taxes whether you go for individual registration or not. As it is understood you plan to enjoy as a joint ownership and enjoy the income there on. When the building is demolished and you go for partition deed through a joint settlement deed, appropriate registration fee will be charged.
You may consult a lawyer near to you with the title deeds on hand as on such matters it better to give advise only on seeing document and applicable laws in your state.
adv. rajeev ( rajoo ) (Expert) 12 December 2013
If you want to register the partition deed there will be minimum charges for that. So make an enquiry with the sub registrar. You need not to pay heavey stamp duty
Rajendra K Goyal (Expert) 13 December 2013
Repeated query:
http://www.lawyersclubindia.com/experts/Partition-among-family-members-440666.asp#.UqqLLeKLq_I
malipeddi jaggarao (Expert) 13 December 2013
Consult a local advocate or a good documentary writer who can draft the partition deed properly. But with the above adjustment, the remaining legal heirs (excluding mother) can not sell their share. Even all of you (excluding mother) wish to sell the property, she should also agree to sell the house. That means you can not enjoy the rights on the property during her life time. If this is acceptable to all of you, you can draft a suitable partition deed. As regards stamp duty since house is in existence, the entire value of the plot and house property together will be taken for determining the stamp duty. Even in the partition deed also you should mention that you (excepting mother) have alienated your rights on the house or income from the house. The house property has to be mentioned as her share in the deed.
Instead why don't you go for registration of the entire property among all the legal heirs (including mother). After her life time her share will automatically devolve on the surviving legal heirs. Except mutation in the Municipal records nothing is needed for such devolvement. In the meanwhile if you safe-guard the flow of income to your mother you can make a mention in the partition deed or you may simply come to mutual understanding.
T. Kalaiselvan, Advocate (Expert) 13 December 2013
Mr. Rao has given some useful tips, I think instead of beating around the bush, follow his tips or consult a local lawyer.


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