Partition for a future constructed property is allowed or not
SANGAMESWARA RAO DHUPAM
(Querist) 09 December 2013
This query is : Resolved
Respected Sirs,
8 members have purchased a site as 2 members some yards and 3 members some yards and 3 members some yards of site in the same location and entire site adjacent to one another. Afterwards they jointly laid foundation for construction of Apartment on that site with their funds. Now the site is at foundation level only. Now they want to partition the property equally. They prepared a deed of partition for 8 equal shares. In the present partition it is recited that in the presence of their caste elders and also mediators conducted meeting for the allotment of flats that may be constructed and they agreed and accepted the flats allotted to them individually. In Andhra Pradesh there is a practice to enter a Development/Construction Agreement in which all the parties agree to construct the Apartment by themselves or by a another Developer/Construction Agency. For that Construction Agreement is being charged with Stamp Duty @5% on the total proposed constructions i.e., total floors area+Site+Car Parking +Stilt. In that Development Agreement also the Developer or the parties who upon the terms of Agreement develops the site divides the property i.e., Flats to the owners of the site. Though there is a Development Agreement and Partition in the said document, it is being treated as Development Agreement only according to the Commissioner and inspector General of Registration and Stamps, A.P. Hyderabad. But in the present case the parties only drawn a Partition for the future constructed floors also but not for the foundation level. But they are now paying stamp duty only on the foundation level partition. In this connection, respected sirs kindly enlighten me whether it is possible for partition for a future property i.e., floors to be constructed later on under Transfer of Property Act.
Raj Kumar Makkad
(Expert) 09 December 2013
Partition from the plinth level means partition for ever. Every joint holder gets independent identity after the partition and thus there is no need to get the future partition of the constructed building with the same persons.
Rajendra K Goyal
(Expert) 10 December 2013
Nothing positive can be advised without going through all the documents. Please contact a local lawyer and show him all the documents.
R.K Nanda
(Expert) 10 December 2013
consult lawyer personally.
SANGAMESWARA RAO DHUPAM
(Querist) 11 December 2013
Respected Sirs,
Respected Raj Kumar Makkad has given his opinion correctly, if the partition confines only upto foundation level.But the present partition is inclusive of future constructions which are non-existing at the time of execution of the Partition Deed. The doubt of mine is whether any partition is possible for future arising property under Section 6 of the Transfer of Property Act. Kindly enlighten me in this aspect.
