regarding partition
thomas
(Querist) 16 June 2011
This query is : Resolved
My father passed away recently.He has two house property in his name, the only legal heis are my mother, my brother and myself. My mother wants these two properties to be transferd to my brother and my self rerspectively. I would like to know wheather we can do it by incoparating a partition deed . kindly advice. if so, can i transfer the khatha to my name after the registration of deed.
thank you
thomas
Devajyoti Barman
(Expert) 16 June 2011
Yes, in the present circumstances executing and registering a partition deed is the good idea.
And after doing so the property would be mutated in your respective names.
Ravikant Soni
(Expert) 16 June 2011
A good advice given by Barman sir.
PALNITKAR V.V.
(Expert) 17 June 2011
The partition deed is good idea. But it has to be registered because it will contain release of rights of your mother.
prabhakar singh
(Expert) 17 June 2011
THE REGISTRATION COST INCLUDING HUGE STAMP DUTY CAN BE SAVED IN THIS CASE BY FIRST GETTING IT PARTITIONED ORALLY THEN THERE AFTER RECORDING A MEMORANDUM OF ORAL PARTITION THAT TOOK PLACE BEFORE IT AND THERE AFTER ANY ONE OF YOU FILE A SUIT OF INJUNCTION AGAINST THE TWO STATING THE PARTITION AND EVERY THING WILL BE AS MUCH LAWFUL AS WOULD BE A PARTITION DEED AT A VERY NOMINAL COST.
I SO ADVISE ONLY BECAUSE PARTIES ARE MOTHER AND SONS HAVING NO DISPUTE INTER SE ONLY FUTURE COURSE OF DISPUTE AVOIDANCE IS THE AIM.
thomas
(Querist) 17 June 2011
i thanks all expert panel for their favouble advice. I think the expert panel has given me a right approcah to this question which i had diffculty to find the approapiate advice.
sujoe
thomas
(Querist) 17 June 2011
well, i didn't really understand what Mr.prabhakar singh had said regarding this. i request to explain me in simple terms. what i understand by his comment is that i need to pay huge stamp duty if i go for partition. please explain sir.
sujeo
