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Property shared within my Family.

(Querist) 10 April 2011 This query is : Resolved 
Me, my brother, and my mother decided to share my father's property, who passed away 3 years back. The property consists of a land with a building in one half and vacant land on the other half. It was decided to have the land with the building to my brother and mother's name and the vacant land and some amount to be given to me so that I can construct a house in the vacant land. We have all agreed and gone ahead with this deal. I have some doubts with the documentation part of this deal. It was written as a single document, and the original is with my mother and brother and I have been provided with a copy of it, which has been written in a 20 Rupee legal document. Is that right? Will that lead to any problems in the future if I decide to sell this property.
Naresh Kudal (Expert) 10 April 2011
No any major problem will appear. It depends upon the wording in the document in this regard?
Bhushan V. Kale (Expert) 10 April 2011
This document is void. Your partition deed should be registered. This document does not confer any right to any one of you. In future it would create serious problems.
R.Ramachandran (Expert) 11 April 2011
As rightly stated by Mr. Bhushan, there is no partition in the eye of law. While writing the partition in a single document is not a problem, but non-registration of the partition deed will create problem.
Please approach a lawyer in your locality, get a partition deed drafted (as per your agreement with your brother and mother), and get it registered to avoid any future complications.
Further, if it is your intention that you will have no future claims on that portion of the land and building which will be given to your brother and mother, then you can also make it clear that after your mother's life time, you will have no claim in any share in the property left behind by her, so that after her life time, your brother will be the owner of the said land and building.
G. ARAVINTHAN (Expert) 11 April 2011
Contact a lawyer and go for a family arrangement deed, which will avoid more problems in future
krishnajipatil (Expert) 12 April 2011
there is no problem but if you want to raise loan from the bank thne the bank will ask you to produce the original title deed to obtain loan by depositing title deed which is cheaper otherwise you have execute a equitable mortgage deed with respect to your property by paying stamp duty as per law, which costly.
Sri Vijayan.A (Expert) 14 April 2011
1. I presume that the partition deed is prepared in duplicate and registered.
2. Both the copies are registered.
3. It is the only practical thing possible
4. Naturally one party shall have original and other parties (you) shall have the duplicate
5. There is no wrong in it to have the duplicate copy.
6.Check in the second page, the sub-registrar certified the duplicate copy u/s 16 of stamp act to this effect.
SO DONT HAVE ANY CONFUSION,
YOU NEED NOT TO CONSULT ANY LAWYER OF UR AREA.
THE DUPLICATE CERTIFIED BY THE SR IS AS GOOD AS ORIGINAL WITH UR BROTHER AND VALID
Sri Vijayan.A (Expert) 14 April 2011
Why I am presuming the deed is registered one is that the duplicate copy shall be prepared in Rs.20 stamp paper only
Varun (Querist) 14 April 2011
Thanks all for your replies. Mr. Vijayan, you are right. The deed is registered and as said by you it is certified by the SR on the second page. Thanks all once again.


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