Amol Kimmatkar 10 May 2021

Mhada house partition agreement

Can we (two brothers) do partition agreement/deed of MHADA (house of 3 rooms) and registered it at SubRegister office.
1. Will it have legal ownership.
2. in case if we want to mortgage at bank, can one brother mortgage the house.
3. What is the benefits of partition deed/agreement.
4. While making registery of deed, Is it necessary to make MHADA as 4th party. (purchased by father who is dead now. 1st is Mother , 2nd and 3rd will be 2 brothers.)

Please suggest.

Thanking you
Amol

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6 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 10 May 2021

By registering the partition deed, the information regarding your property rights, title and ownership will become a permanent pubic record. This will act as a proof of property ownership in case of legal disputes.

the owner of the property can have bank loans,

partition deed between existing people who -so- ever

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Dr J C Vashista (Advocate) 11 May 2021

Yes, you can get the property partitioned by meets and bounds and get the deed registered for processing bank loan.

Benefits and losses of partition is a subjective / debatable issue, which can not be taught on this platform.

It is advisable to consult and engage a local prudent lawyer for professional guidance and necessary proceeding.

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Sankaranarayanan (Advocate) 11 May 2021

Better to consult local lawyer and act accordingly

Amol Kimmatkar 11 May 2021

Thank you very much sir.

About point 2... Both brother's signiture is required during mortgage.

Point 4... Please reply

P. Venu (Advocate) 12 May 2021

A single dwelling unit, in my understanding is not partible.

T. Kalaiselvan, Advocate (Advocate) 13 May 2021

The Maharashtra Housing and Area Development Authority, also known as MHADA, has schemes that give the residents of Maharashtra access to affordable residential property.

If this property was purchased by your father by a registered deed and he is reported to have died intestate, then this property shall devolve equally on all his legal heirs/successors in interest.

Thus you, your brother and mother are having equal share in the property.

However if the house property indivisible then the property either will be in the joint possession and enjoyment or can be sold jointly and distribute the sale proceeds among the shareholders equally.

If the property is partible then you can draw a partition deed dividing the property into three schedule of properties and get the deed registered after which each shareholder shall become an absolute owner of his respective share in the property.