Ayan Mukhopadhyay (officer) 17 June 2020

Defined share in the deed partition where a partitioner is transferring his recorded property share to another specific partitioner along with inherited property in the deed of partition.

Can a person having his own recorded or purchased property participate in a partition deed where he can transfer this recorded property to a specific partitioner along with his inherited property? what will be defined share for such transfer i. e for this recorded property in that deed of partition ?

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7 Replies

Real Soul.... (LEGAL) 17 June 2020

why partition deed when he is the owner,he can simply transfer his property by way of Gift deed or will deed ....

Sinjari Bandyopadhyaya(Banerje (Lawyer 9830019661 Kolkata WB) 17 June 2020

Originally posted by : Ayan Mukhopadhyay
	Can a person having his own recorded or purchased property participate in a partition deed where he can transfer this recorded property to a specific partitioner along with his inherited property? what will be defined share for such transfer i. e for this recorded property in that deed of partition ?...Kindly clarify your question,whether you had purchased that property along with any other person/persons from whom you are seeking partition?

Ayan Mukhopadhyay (officer) 17 June 2020

No. Suppose I purchased a property. I also inherited some other property after the death of my father. I suppose have 4 other brothers. Now, we all have decided to partition the inherited property in a partition deed. I this deed, I am participating with 4 others and my mother. Now I have also decided to give my purchased property to my second brother only and want to incorporate that transaction in this partition deed. In this case what will be the defined share of that purchased property what I will give only to my second brother ?

Sinjari Bandyopadhyaya(Banerje (Lawyer 9830019661 Kolkata WB) 17 June 2020

Originally posted by : Ayan Mukhopadhyay
	No. Suppose I purchased a property. I also inherited some other property after the death of my father. I suppose have 4 other brothers. Now, we all have decided to partition the inherited property in a partition deed. I this deed, I am participating with 4 others and my mother. Now I have also decided to give my purchased property to my second brother only and want to incorporate that transaction in this partition deed. In this case what will be the defined share of that purchased property what I will give only to my second brother ?....You can gift in registered manner your purchased property to your second brother and by virtue of another registered Gift Deed you can transfer your undivided one fifth share of your inherited property to your second brother.

Ayan Mukhopadhyay (officer) 18 June 2020

Sorry. But as a partition deed is being done, we all have decided to settle down all lands/property in a single deed. All others brothers are participating in that deed. If we five partipate in that deed, then defined share will be 20% for every party for each plot number in case of inherited property. But if I incorporate the transfer of my purchased land in that partition deed too and I transfer it in favour of my second brother only, then what will be the defined share of that purchased land of transfer?

Sinjari Bandyopadhyaya(Banerje (Lawyer 9830019661 Kolkata WB) 18 June 2020

Originally posted by : Ayan Mukhopadhyay
	Sorry. But as a partition deed is being done, we all have decided to settle down all lands/property in a single deed. All others brothers are participating in that deed. If we five partipate in that deed, then defined share will be 20% for every party for each plot number in case of inherited property. But if I incorporate the transfer of my purchased land in that partition deed too and I transfer it in favour of my second brother only, then what will be the defined share of that purchased land of transfer?....You can resolve this issue through Deed of Family Settlement because when you have decided to transfer your purchased property entirely to your second brother,then that can't be considered as subject matter of any Partition Deed because no partition is involved in it.