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Sanjay (Querist) 20 January 2015 This query is : Resolved
Sir

I need your expert advice on my case

We have two agricultural land in Guhagar (Maharashtra) district, called A & B

“A” is owned by my uncle & “B” owned by my uncle and dad

My uncle died few years back and that time we came to know that Land “A” was bought by uncle as a Main member of family (My dad is younger).

Now since my uncle is no more and his hereafter i.e Aunty and her childrens are ready to share the ownership of land with my dad.

Accordingly we draft an agreement where my uncles hereafter are ready to share the ownership in 50-50 % with my dad.

Agreement is on 500 Stamp paper

Pls confirm whether the notary is ok to avoid future dispute or do we need to get it register

if you have any further advice then pls share

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Isaac Gabriel (Expert) 21 January 2015
Better register partition deed.

Anirudh (Expert) 21 January 2015
As suggested by Mr. Isaac Gabriel, a partition deed or settlement deed have to be got done and registered. (Notory is not at all enough).

In the partition / settlement deed - it has to be very clearly brought out that the property was brought from the money paid by both your uncle and your dad but was got registered, as a mark of respect for the elder brother, in the name of the elder brother, but with a clear understanding that the property belonged to both. Even the entire family is aware of this. Thus, keeping in view this fact, the legal heirs of (your uncle) do hereby agree for and effect this partition / settlement of 50% of the property (full description of the property) and the following portion (give the boundry of the 50% which will be given to your dad) is hereby partitioned/settled in favour of .... (your dad's name). Your Aunt and all children of your uncle have to sign the document before the Registrar's office. This has to be got done on Stamp Paper.

As to what is the amount of stamp paper to be purchased, you have to consult a local lawyer. He will be in a position to say what amount of stamp duty and registration charges that has to be paid for (i) partition deed and (ii) settlement deed. Whichever is cheaper go for it.

Guest (Expert) 21 January 2015
Well and Precisely Advised by Senior Expert Mr.Isaac Gabriel.Consult your Local Good Advocate and Proceed.

Rajendra K Goyal (Expert) 21 January 2015
Your cousins and auntie are nice enough to distribute the property owned by your uncle.
Get the partition deed / settlement deed drafted by some lawyer and register it.

Agree with the advise from expert Anirudh.

Sanjay (Querist) 21 January 2015
Thanks to all respected Sir,

Regards

R.K Nanda (Expert) 22 January 2015
nothing to add.

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