Kumar 13 September 2016

Can family partition deed be executed

Hello,

I have a situation and please suggest

There is a house in the name of Elder daughter & Mother(Deceased) {jointly bought by both the sisters though it is in the name of elder sister and mother}. There is a land in the name of Father who is alive (bought out of his own earnings).

Now both the sisters decide to partition these properties as below

House to be owned by Elder Sister & Land for younger Sister

Is it valid to execute familypartition deed in this situation
1. Some say that Family Partition deed cannot be executed since the father is alive ,
2. Some say thatfamilypartition deed cannot be executed since the mentioned properties does not belong toone person
In case family partition deed is valid is it safe to have this registered in any one of the SRO where the properites are involved
If it is registered in one SRO does it automatically gets updated in the other SRO where another property belongs to
How would the stamp duty for this transaction be calculated

Please suggest

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7 Replies

Kumar Doab (FIN) 13 September 2016

The property in the name of Father is self acquired. So how partition deed is applicable to it?

The other property: {jointly bought by both the sisters though it is in the name of elder sister and mother}. The relation of th Mother is not explained with father. Is this mother wife of this father?

Which personal law shall apply in this casee.g; Hindu Succession Laws?

Kumar Doab (FIN) 13 September 2016

Assuming that they are Hindu:

The other property: {jointly bought by both the sisters though it is in the name of elder sister and mother}

Te share of Mother ( Hindu female) ;IF it was her self acquired/absoloute property :shall devolve upon her husband and sons and daughters.

On this count partition might be possible.

Kumar 13 September 2016

Yaa they are hindus

The mother is the legal wife of the father

Kumar Doab (FIN) 13 September 2016

The share of Mother ( Hindu female) ;If it was her self acquired/absoloute property :shall devolve upon her husband and sons and daughters.

G.L.N. Prasad (Retired employee.) 14 September 2016

Let your father execute his self acquired property of land as gift to Younger sister.

Landed property relinquishment deed in favour of elder sister by all concerned (Father as legal heir of mother /Younger sister.

This method is inexpensive.

In addition to signs of independent witnesses, the signatures of all other connected may be obtained on the deeds.

Kumar 14 September 2016

The idea of family partition deed came in just to avoid too many registarations and dependencies on each other for individual registration. By looking at comments am unsure what to decide