Sibsankar Datta (Freelance) 21 June 2024

Partition of property documents

The owners share of 2 number of Flats in two different floors, under a JDA is handed over by Developer in the joint name of 2 of the owners. How can the owners get 1 flat each in their individual name? What will be the easiest way to get registration of the property with least cost?

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Two owners jointly hold two flats in their names under a Joint Development Agreement (JDA). They wish to partition the property so each owner has one flat registered in their individual name, seeking the most cost-effective method. While an allotment letter from the developer might suffice initially due to their prior share, a registered family settlement is recommended for clear individual ownership and registration.

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T. Kalaiselvan, Advocate (Advocate) 21 June 2024

Since both the owners had a share in the property before development, and they both have entered into a JDA with the developer, the allotment letter by the developer allocating their respective flats will be sufficient and there is no necessity for them to get their share in the developed property by a registered document.

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