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raghavendra vm (n-a)     09 November 2014

Partition deed

Dear Sir/s

 

My father passed away about 16 months back and has left property at three places.

1. a residential plot at Bangalore

2. A flat at Pune and 

3. A FD in a nationalised bank in Karnataka.

We are two brothers and five sisters out of which one sister is no more.

My brother has been of the opinion that all the property be brought to liquid cash state and then carry out partition of the accrued sum. While the pune flat can be sold easily, the bangalore property is entangled with a legal case filed by the original land lords of the site, due to which it is not easy to dispose the site.

I am in need of cash as I want to buy a site at bangalore in another location. Hence I had suggested to my brother that we carryout partition deed for the FD and the Pune Flat in the first instance and then carryout another partition deed for the bangalore site as and when the court case gets dissolved. My brother is adamant and that he wants the partition of all the inherited property once for all.

May I request you to let me know whether

1. My proposal of partition deed of FD amount and the Pune Site initially and then the Bangalore site in second installment is legally acceptable or not or whould we execute partition deed once for all as suggested by my brother

2. Will there be any duty payable for the partition deed registration, and for the FD amount.

3. Whether do we need to sign partition deed in Karnataka and Maharashtra separately ?

 

Note: The titles of the immuvable property at Pune and Bangalore are still in my fathers name and the FD has been matured and my brother is the nominee for that. Do we need to tranfer the tiltes to any one of the siblings first or wheter we can sell the immuvable properties directly?  

I shall be highly obliged for an early reply.

 

Thanking you,

 

Yours Sincerely,

Raghavendra

 

 

 

 



Learning

 3 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     09 November 2014

Dear, Better distribute the liquid equally cash out the sale proceeds and FD, later on you can do the partition deed for the Bangalore property. Adv kapil chandna, 9899011450

raghavendra vm (n-a)     09 November 2014

Dear Sri. Kapil Chandna,

 

Thank you very much for your prompt reply. Can you please suggest on my queries no 2 and 3?

 

Regards,

Raghavendra

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     09 November 2014

It's mandatory registrable.. No, partition deed can be made at one place, but both properties must be mentioned. Adv kapil chandna,9899011450

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