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John (Business)     15 December 2013

Partition deed idea! valid legally or not?

Dear Lawyers,

My mother died intestate leaving a property (house and land). The property (house and land) was registered in my mothers name. I have one married sister (widow). My sister is not interested in the property of our mother. She wants to transfer all her rights to me.

 

Please tell me the process mentioned below is valid legally:

Can I execute a Partition deed to distribute the property of my mother? Can I mention in the partition deed that my sister will get the movable property of my mother (like some cash, gold bangles, etc) and I will get the immovable property (the land and house). So in this manner the land and the house will be in my name legally.

 

Let me know if this process of partition deed is possible.

 

Thanks in advance!

 

Regards, John



Learning

 3 Replies

Sajeev Menon (Legal Consultant)     15 December 2013

Dear John,

 

You can get the absolute possession, Title and ownership of the property transferred in your name via partition deed in which you can state the details of the movables and immovable being partitioned. 

GOPAL SHARMA (LAWYER)     15 December 2013

YOUR SISTER CAN RELEASE HER SHARE TO YOU BY RELEASE DEED.NO NEED OF PARTITION DEED BECAUSE PROPERTY IS NOT IN YOUR NAMES.ONLY TITLE HOLDER CAN DIVIDE OF THEIR PROPERTY.

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GOPAL SHARMA (LAWYER)     15 December 2013

APPLY FOR SUCCESSION CERTIFICATE IN THE COURT AND APPLY FOR MUTATION.

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