Amendment to registered partition deed

Shashidhar D N (Querist) 07 July 2021 This query is : Resolved
My mother and maternal uncle share an ancesteral property received from my maternal grandmother. A partition deed was prepared and registered. The partition deed specifies the following:

The ground floor is for the own use of 1st party and the first floor is for the use of 2nd party.
The vacant land in front of building is an undivided share that belongs to both parties.
The terrace is an undivided share that belongs to both parties.
Second floor can be built if agreed by both parties and on investment by both parties for the purpose of letting and enjoying the income.

Due to work from home situation, we (2nd party) would like to build a room on the terrace as the 1st floor isn't sufficient for Work from Home.

Please let me know it is possible to rectify the Registered Partition Deed mutually to enable this. What are the steps.
Please let us know if we can let out the 1st floor given the partition deed specifies the 1st floor is for own use of the 2nd party.

I'll grateful for any thoughts.

Kind regards
Shashidhar

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Quick Summary

This discussion concerns amending a registered partition deed for an ancestral property. The original deed allocated the ground floor to one party and the first floor to another, with shared rights to vacant land and terrace. The second party wishes to build a room on the terrace for personal use, which requires mutual agreement as per the deed's clause for second-floor construction. Experts advise obtaining written consent from the other party for any modifications or new constructions, rather than formally rectifying the deed itself, and also confirm that letting out the first floor for personal use is permissible.

SHIRISH PAWAR, 7738990900 (Expert) 07 July 2021
Hello,

The partition deed specifically mentioned that the second floor can be built if both parties agree. So both the parties have to agree if you want to build anything. If another party agrees to your construction then the question of the amendment will not arise. Further 1st floor is given for your exclusive use so there will not be any problem for letting out the 1st floor.

Shashidhar D N (Querist) 07 July 2021
Thank you very much Sir. Just a quick clarification. Since the Partition Deed clause says 2nd floor to be constructed only if both parties agree and both invest money for construction and for the purpose of letting out and enjoying the income equally, does it mean that 2nd party constructing a room on the terrace for own use and making sole investment to construct is ruled out?

kavksatyanarayana (Expert) 07 July 2021
Both parties shall agree to construct the 2nd floor. Otherwise, one party shall execute a Gift deed in favour of another party for sole use.

Dr J C Vashista (Expert) 08 July 2021
Well analysed by experts I endorse it.
Make the other party agree and construct another floor as per partition deed.

P. Venu (Expert) 08 July 2021
Yes, further construction could be made based on mutual consent; it is impossible to revisit the terms of the partition deed.

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T. Kalaiselvan, Advocate (Expert) 14 July 2021
Your desire to construct a room in the second floor depends on the conditions of the partition deed.
Since the condition authorises to construct the second floor with the mutual consent, you may obtain his consent and go ahead with he construction by obtaining a plan approved from the local civic body.
The consent should be reduced to writing based on the agreed terms.
There is no necessity to rectify the partition deed once you both enter into a subsequent agreement on the mutually agreed terms

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