Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Kumar   27 June 2022

Need urgent advice on property partition

We had and old house in 2400 sq ft of land in my fathers name . My Mother is also passed away. Me and my sister are only the legal heirs.Now are constructing S + 2 building with 2 houses in one in each floor. We have started the construction .

Lawyer told we cannot do partition 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?.

Your advice on how to proceed will be helpful.

Banks want document which states clearly, floor 1 belongs to A with UDS as 1200 and Car park 1 in slit floor belongs to A. 



Learning

 6 Replies

Shashi Dhara   27 June 2022

Draft partition deed  and register in subregistrar office and submit the registered deed to bank along with other necessary documents and mortgage.

kavksatyanarayana (subregistrar/supdt.(retired))     27 June 2022

You can execute the partition deed as" 1st floor No.xxxxx with a plinth area of xxxx square feet and car parking area of xxx sq.ft. with stilt with an extent of xx sq.yds. in an undivided site of xxxx square yards and like that the B share also.  You consult a local lawyer who drafts documents or a senior Document Writer at SRO concerned.  After registration of the document, you can mortgage it to the bank for loan purpose.

Kumar   27 June 2022

Can we do partition deed when construction is in progress. We just completed the roof for one floor.

Shashi Dhara   28 June 2022

Yes you can do it.

G.L.N. Prasad (Retired employee.)     28 June 2022

The family partition can be oral and later the understanding/settlement can be reduced in writing and with due registration and mutation.  Take a second opinion from another advocate.

P. Venu (Advocate)     28 June 2022

To my knowledge, you can execute a settlement deed with proportionate but unpartitioned area.


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