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sorankee (s)     08 August 2010

partition of house property.

Hello,                                                                                                                                                                   08/08/10

My father died intestate ten years ago leaving behind a house property.My mother,a younger sister and I are the survivors.As such we have no dispute among ourselves,but for the sake of settling the issue,we would like to have the property partitioned in such a way that:

My sister is willing to relinquish her share for which I propose to pay her a consideration.

My mother is willing to relinquish her share in my favour,but I would like to ensure her right to reside,just in case I predecease her.

I should have clear title to the property so that I can raise a loan for renovation and extension of the house.

I know that one of us could file a case for effecting the partition,but we would not like to take the law court route as we have no quarrel among us.

I request your considered opinions and guidance.

Thank you,

Sorankee.



 6 Replies

unique horn (self)     08 August 2010

Make a family arrangement deed, with mentioning  the cash settlement of your sister and mother and the right of your mother to live in the house for her lifetime and register the deed in register office.    OR     Get your sister share in the house by a registered  "Release deed"  and a registered "Conditional Gift deed" from your mother. Get a NOC from your mother if banker need.

1 Like

Chirag Bhatt (Lawyer Gujarat High Court)     08 August 2010

If you mention amount in agreement, you need to pay stamp duty, in that case you can only mention that cosideration(not amount /figure) from your mother and sister is given to you in consent deed and get it notorised or registered it at local subregistrar office on 100 rs. Non judicial stamp.

1 Like

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     09 August 2010

Your sister and mother can jointly execute a release/relinquishment deed in your favour wherein it can be stated that you are paying a sum of Rs.1 lakh to your sister and also that your mother reserves hersel life interest (to reside till her life time) in the property. Since it is within the family members, standard stamp duty would be levied. You will get absolute title with life interest to your mother in the property. This is simple and valid.

1 Like

sorankee (s)     09 August 2010

I would like to pay my sister a substantially higher amount,about 1/3 the true market value as I do not want to deprive her of what is due to her.She is also an employed professional ,since the property is ancestral,I believe she may not have to pay income tax on the inheritance.If the real value of the transaction is not shown,she will have problems in accounting for the amount received.Does the stamp duty payable for registering the partition deed vary with the amount paid in case of inheritance?

narendra_vakhil (Advocate)     09 August 2010

Hello Mr.Sorankee,

I don know in which state you are residing, as per Karnataka Stamp Act and Registration Act if the Release deed is executed between the family members fixed stamp duty is Rs.1000/- and Registration charge is Rs.500/- no matter what ever the consideration amount you show in the said deed. You can also execute a Partition Deed and get it registered in the jurisdictional sub-Registrar's office and the fixed Stamp Duty is Rs.1000/- per share and Reg charges Rs.500/-

1 Like

Rajeev kulshreshtha (advocate)     10 August 2010

 I do agree with Mr. Narender


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