Partition deed among co owners of house and land properties

suneetha Jain (Querist) 26 May 2022 This query is : Resolved
Sir, one House and 3 land plot Properties ( in Andhra Pradesh )are in Joint ownership among three brothers (after removing the rights of Mother and Sister legally.). Recently one of the brothers has passed away. He has Legal heirs (Wife, two minor daughters, Mother). Out of the remaining two brothers, one of them is settled in USA and has no intention to return to India.

Now, the remaining two brothers and the wife of deceased brother discussed on the properties and decided on which property should go to whom so that they can separate away. I request you to please let us know the procedure of separation

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This discussion addresses the process of partitioning jointly owned properties in India, specifically a house and three land plots. Following the passing of one co-owner, the remaining brothers and the deceased's wife are seeking to divide the assets. The advice given suggests that a registered release or relinquishment deed may be necessary, especially if one co-owner is abroad. Clarification is sought on whether the ownership falls under Joint Tenancy or Tenants in Common, and the implications for the right of survivorship and property development without full consent.

kavksatyanarayana (Expert) 26 May 2022
Your mother and sister legally moved their rights. But in whose favour and through a registered release/relinquishment deed? Now your brother who is abroad shall also relinquish his rights in favour of the remaining legal heirs. Then only you all mutually agree to divide the property by meat and bounds.

suneetha Jain (Querist) 27 May 2022
Thanks Satyanarayana Sir. I am sorry that I could not be able to explain the problem clearly. Let me take an example. A,B,C are three brothers. They have got their ancestral (Father] properties registered in their name jointly (in that document itself, they have made their Mother and Sister relinquish their stake by providing liquid cash to them as compensation) a few years back. Recently, C Died. B is settled in USA and has no intention to return back. Now my queries are:

1. Does the above deed comes under Joint Tenancy or under Tenants in Common??

2. If it comes under Joint Tenancy, Right of survivorship applies automatically or not.

3. If right of survivorship applies, now A & B are the joint owners. Now, if A wants to develop the property (apartments etc), he needs to get the permission from B. What rules are to be followed in getting the permission from B (Relinquishment from B or Power of attorney from B etc)

I think I have explained the problem clearly. I have given the details in full as far as my knowledge goes. So, I request the experts to give advice based on the above provided data only.

krishna mohan (Expert) 27 May 2022
It appears joint ownership of the said property. If no share is mentioned all will have equal undivided share. Better consult legal expert in your area with all available documents for right advise including division of property thru registered settlement deed.

Dr J C Vashista (Expert) 30 May 2022
Q 1. Does the above deed comes under Joint Tenancy or under Tenants in Common??
A. The properties are under tenancy possessed by survivors.

Q 2. If it comes under Joint Tenancy, Right of survivor-ship applies automatically or not.
A. It depends upon terms and conditions of Leave & Lease / Rent Agreement executed between landlord and your deceased father.

Q 3. If right of survivor-ship applies, now A & B are the joint owners.
A. Show the tenancy agreement to a local prudent lawyer for analyses, proper opinion and professional advise.

Q If A wants to develop the property (apartments etc), he needs to get the permission from B. What rules are to be followed in getting the permission from B (Relinquishment from B or Power of attorney from B etc).
A The tenant can not develop without consent of landlord/ titleholder.
However, any of the LR of deceased may relinquish his / her share received in succession for tenanted share, which do not affect title of the demised property.

The facts posted lack clarity qua its status of ownership/ tenancy.

It would be better to seek professional opinion and advise of a local prudent lawyer.

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