partition
veerabhadram empaty
(Querist) 13 September 2010
This query is : Resolved
a partition deed had been executed between father and his two sons and same had been registered. later father had executed the will deed in favour of his daughter pertaining to his share. the land is not divided in to metes and bounds, only built up area is divided / partitioned. later on father died , subsequently daughter and one of two sons also died. now one son and other legal heirs of son and daughter want to give their land for development.can another family settlement deed can be executed between the heirs and remaining son or a gift deed should be executed by the son in favour of his brother and sister heirs. which option is valid and legal.
Devajyoti Barman
(Expert) 13 September 2010
The heirs of the other son can either transfer their undivided share to the another branch by way of gift or sale or participate in the proposed development agreement as co sharer.
veerabhadram empaty
(Querist) 13 September 2010
thank you for the reply for the first part of query.
if the living son and the heirs of died son and daughter are intending to enter in to development agreement with the builder , then what would be the share of the each person , is it based on the partition deed and subsequent divisions or the alived son can give some land from his share by love and affection to his brother and sister heirs.
if all wants to enter in to development agreement with builder, then the living son and his heirs and expired brother and sister heirs should be made as parties to the development agreement. then the builder acquires the interest in the land or not if not , please direct me the procedure to be followed.
