varghese (drvargheseae@gmail.com) 25 January 2013

Father's property sharing

I have 5 brothers and 3 sisters, all got married and living separately. MY elder two brothers got their shares inluding me) have not been registered.

To get our shares, one of my brother has suggested to make a Agreement Title deed(Udampadi in Malayalam)

As per his instruction, we went to the Writer's office and explained everything to him and he has drafted an agreement for sharing the property among three brothers and after reading, it has been finalised, entered in to Rs. 10,100/- stamp paper, paid writhers fee, regiostration fee and get it registered, but POKU VARAVU NOT YET done(Mutation).

I would like to know what is the validity of this agreement.

A clause included in this deed is that " THERE IS NO ANY DEBT ON THIS PROPERTY AND NO ANY LEGAL HEIR FOR THIS PROPERTY,

Your valuable suggestion is highly requested

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4 Replies

Advocate Vishnu (Advocate) 25 January 2013

You must execute a partition deed, by including all the legal heirs as a party to the deed. This document will have to be registered by payment of necssaty stamp duty. If an improper partition has been done, it might lead to legal propblems in future.

you will get title to the property only after the partition deed is executed.This you may produce before the revenue office to get the property mutated in your name to pay taxes.

varghese (drvargheseae@gmail.com) 26 January 2013

Thanks for your valuable advise.

We have paid stamp duty for Rs.10,500/- for execution of this deed, and and it has been duly signed, stampled, and witnessed by the concerned registrar. (writers fee also paid)

Its a Title Deed.

please give some more light on this

regards

Advocate Vishnu (Advocate) 26 January 2013

Now you have to produce this at the corporation/municipal tax collection centre of your district for mutation in the revenue records.

varghese (drvargheseae@gmail.com) 26 January 2013

We have not taken any consent from our sister's (all marriled long back) while executing this partition deed. Is it mandatory to obtain their consent also.

Your valuable suggestion is requested please

regards