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Vijay   20 November 2016

Partition deed (within family) pending in registration

Dear sir,
Last year (2015) December we decided to partition our apartment Property among my mother (Since my father expired in 1998) and my Father's two elder brothers.The apartment was a joint venture and the above mentioned 3 parties + My Paternal grandmother and a reputed construction company. The land given for the joint venture was in the name of above 4 parties individually, later after completion of the construction when we were asked by the construction company to return the advance given to us, only my mother and the father's one elder brother and my paternal grandmother returned the advance and the other elder brother didn't return the advance stating that the building was not in fully quality as agreed. Since only three of four parties returned the advance the builder refused to give the completion certificate.My Paternal Grandmother passed away in 2013, So now recently my fathers two elder brothers drafted a partition deed dividing the houses in the apartment among our selves including my dead grandmother's share and register as partition deed (among family member category of document registration paying 1% + 1% fee )
A few weeks after registration our document was put under pending because since our father had passed away (The land Given for Joint Venture was in my fathers name), Me my mother and my sister will not come under the family unit of partition and we were told that an auditing would come to assess the document and that we would informed about it after ward, after several months of no communication from the registar office, when i visited in person the sub registar told me that auditing has been completed and that we would have pay some tax , when i inquired about the total tax that would be levied on us , the registar told that an inspection officer will come to value the property after which we would me notified about the amount to be paid. Last month we had an inspection done on our property on behalf of the Sub registar offfice but still we haven't received any notice till now.
Now how should i proceed for this for getting the document of my property or will it be possible to cancel the document, how should i proceed for my benefit.


 2 Replies

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     13 December 2016

Dear Vijay,

They cant levy any extra fee on the document since you are the legal heirs of your father.

You can approach the Hon'ble High Court of your jurisdiction to get release of the document.

Vijay   16 December 2016

Thank you so much for your valuable advice K.S.A Narashima Rao sir.

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