Kumar 23 March 2022

Need guidance on partition of property

We have a 1600 Sq ft house in 2400 sq ft of land in my fathers name . My Mother is also no more. Me and my sister are only the legal heirs.Now we want to demolish that house and construct S + 3 building with 3 houses , 1st floor 1 house,2nd floor 1 house and 3rd floor 1 house. We have a plan approved for this and patta is transferred to both our names.I need now to register 1st floor house on my name and 2nd on my sister and 3rd floor on both of our names with UDS for each house and i should be able to sell it later without need any legal document from her.please advice.
Can we do partition deed before construction or do we need to wait till construction is done and now what can be done for getting loan?

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5 Replies

SIVARAMAPRASAD KAPPAGANTU (Retired Manager) 23 March 2022

Matter needs verification of Title Deeds and other Documents. Please approach a reliable and capable local Lawyer with all details. Do the needful as per such Lawyer's advice in consultation with your sister.

G.L.N. Prasad (Retired employee.) 23 March 2022

It is always proper to get the settlement deed reduced in writing and get it registered as it paves way for further inheritance and bank loans. Contact an advocate and get the draft deed.

Dr J C Vashista (Advocate) 24 March 2022

Settle the matter amicably.

P. Venu (Advocate) 14 April 2022

The siblings would have proportionate undivided share recorded in the revenue record whereas ownership of respective apartments would be recored in the municipal/panchayat records. Any future alienation could be made on this basis.

As such, the facts posted suggest no hassles as to possession or trnasferability or inheritance.

Kumar 27 June 2022

Hello All,

The property mentioned above is under construction now and now lawyer told we cannot do partion deed before completion, but banks are insisting on the same for Loan processing.

Please provide a guideline on what type of document can be done now and that will be acceptable to banks?.

Regards,

Achu