Family settlement and partition and katha

How did they acquire the property?

HUF property 

Property situated at Bangalore allotted to Mrs X by BDA  joint possession alongwith her children /?legal heirs  2 sons 3 daughters .Mrs.X partitioned property by memorandum and 3 daughters released rights in favour of 2 brothers under regd release deed 2 brothers are in possession of ground and first floor have a manual katha in joint names.They want to partition their respect 50% shares 

When approached BBMP for e katha it was rejected on the ground that BBMP doesn't bifurcate katha for one residential building 

My question is if the 2 brothers release their 50% to each other by a regd deed can individual e katha be provided for ground and first floor in their respective names

Since this is a common building consisting first and ground floor and under occupation and enjoyment of each brother respectively, they can better draw a partition deed by proper demarcation with the details about sharing the common areas etc, get the partition deed registered, after that they can sub divide the property on the basis of partition deed and apply for separate khata for their respective share of property. 

Sir,

Thanks for the  valuable opinion

When approached BBMP after execution  settlement cum partition deed BBMP is not providing individual  e katha floorwise for one residential house .That's the concern hence  looking for remedy .

It appears that your partition deed may be defective by not dividing the property into two units with proper demarcation.

Please confirm that if you  have you done the settlement deed or partition deed?

The settlement deed may not divide the property into two units, a proper partition with  clear demarcation will indicate two separate units.

If the property was properly partitioned with demarcation as two units and still the BBMP is refusing to issue separate khata, then you may see the reason for rejection, if you are required to comply with any othger legal formalities, you may do so or if there is no fault on your side but the BBMP is still giving lame excuse then you can file a suit for mandatory injunction against the BBMP to direct them to issue separate kahtas for both the units on the basis of properly demarcated  registered partition deed.

You may consult an experienced lawyer in the local and proceed as suggested.

Mrs. X has joint possession along with her children.  The daughters released their rights to the brothers, then what about her mother, as she is also a joint owner?

Very well analysed, opined and advised by learned senior experts, I endorse and appreciate  their acumen.

There are various legal issues involved in your facts vis-a-vis query.

You may get a family settlement executed and registered, if both the parties do agree. 

What do you mean by "katha" - is it with respect to the land or the superstructure?