Partition deed of land

This query is : Resolved 
 

Online (Querist)
04 September 2018

Sir,

I have a plot of land in the name of My grandmother ,after his demise his two sons i.e my father and uncle is the owner of plot of land, as the agent convert the land in the name of my father and my uncle, but still a partition deed has not been done.

As par the Agent if partition Deed has to be done 12% of land valuation has to be given to the government.
So he advice only to go for partition where i have separate paper in the name of my father and uncle. By giving them there commission .Without going for there Deed.

So I am bit confuse as the Land is commercial and it has high value . As deed is good for future going.


BAALASUBRAMANNYAMM (Expert)
05 September 2018

You better to go for execution of a Registered Partition Deed, where both your father and uncle will present before the Registering Officer of the concerned area. I think it will not be a much expensive process in your area.

Hemant AgarwalOnline (Expert)
06 September 2018

1. Partition Deed is required ONLY when the Plot is to be needs to be divided and sold to "outsiders" by any one of the joint-holders. Father or Uncle can transfer their 50% to Each other, WITHOUT partition deed.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

ASHIM KR RAYOnline (Querist)
06 September 2018

Sir,

You are right Plot is required to be divided as its is a joint- holders between my father and uncle.
But i donot get your point transfer each other 50% without partition Deed.
How it is possible, as they are join holder of plot of Land.

Hemant AgarwalOnline (Expert)
06 September 2018

UNDERSTANDING SIMPLY:
1. Father Holding 50% (say plot no. A-1)
2. Uncle Holding 50% (say plot no. A-2)

3. Father can Sell /Transfer /Gift Plot no. A-1 to Uncle, WITHOUT Partition.
4. Uncle can Sell /Transfer /Gift Plot no. A-2 to Father, WITHOUT Partition.

5. Father CANNOT Sell /Transfer /Gift Plot no. A-1 to "outsiders", WITHOUT Partition.
6. Uncle CANNOT Sell /Transfer /Gift Plot no. A-2 to "outsiders", WITHOUT Partition.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

ASHIM KR RAYOnline (Querist)
07 September 2018

Sir,

But Sir A family Deed has been prepared That Plot No A-1 belong to my father only and Plot No- 2 is my uncle portion. As it is not the vacant plot its commercial and business is running on this land ,so its is not possible to transfer as business will also be transfer along with land.



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