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DMITRA (SERVICE)     25 March 2011

Need to register my share

Dear Experts,

I need your advice regarding the problem mentioned below:

I have 1/4 th share in an undivided property (located in Kolkata) which is yet to be partitioned by law. The property is physically partitioned in terms of good faith in between the co-sharers. But unfortunately, the shares are not registered.

I want ONLY my share to be registered without involving the co-sharers - so that in future I can sell my portion or my legal heirs can sell this portion if they want.

Pls note, I am already 60yrs and donot want to invest lot of money for this share.

Regards.

 

 



Learning

 2 Replies

Darshan Panchal (Advocate)     25 March 2011

it is not possible to have ur share alone unless partition is effected by meets and bounds. u have two options for tht one is by order of court and the other is by Municipal Corporation. Mutation to that effect is to be made in revenue and municipal records and all the co-owners will have a separate shares. U can also inter se effect partition by a document and have it registered before the Sub-Registrar.

1 Like

DMITRA (SERVICE)     25 March 2011

Thanks Mr. Panchal for your prompt reply.

I request you to elaborate a bit more on your mentioned points:

 

1. "Mutation to that effect is to be made in revenue and municipal records and all the co-owners will have a separate shares." - How to proceed on this? Can I seperately apply for mutation or all co-owners will have apply jointly? I am asking this because one of the co-owner has declared that his share is already mutated and he is paying seperate tax for his share. Although we are getting property tax for the whole property including his name in the Tax Bill. Strange part is - he has shown us his Tax Bill which he is paying for his share and hence he wants his name to be excluded from the whole property tax bill. Could you please advise in this?

 

2. "U can also inter se effect partition by a document and have it registered before the Sub-Registrar" - This is not clear to me.

 

Thanks for your advice. Look forward to reply.

 


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