Division of property
MANOJ
(Querist) 22 October 2012
This query is : Resolved
dear sir,my grand father passed away in 1984,leaving behind 5 sons,eldest passed away(not married),no-2 my father,no-3 uncle,no-4 (not married dont want share in fathers property given an affidavit )no-5 (married and settled in USA,given affidavit that he dont want share and the property may be divided between no-2 and no-3).
i want to know what is procedure to divide the property between son no-2/3 with less stamp duty.
Devajyoti Barman
(Expert) 22 October 2012
Mutual deed of partition would be cost effective one.
However the affidavits of those two uncle is of no help. They need to either gift their share through registration or by a registered deed of relinquishment.
adv. rajeev ( rajoo )
(Expert) 22 October 2012
Yor uncle has to relinquish hs rights thru., regd., deed, affidavt is not sufficent.
M V Gupta
(Expert) 22 October 2012
Altrnatively ur father and undcles should execute a pertition deed wherein the fact of relinquishment of rights by ur two uncles and sharing of the property between 2 and 3 can mentioned. This would be a better course of action. The partition deed should be stamped and registered. After registration of the deed u should apply for recording of the partition deed in the property and the municipal records.
