upen 23 June 2016

Property distribution clarification

Hi, I need a legal opinion about the below subject.

"" My Parents expired some time ago, i have three brothers and am the only daughter. Father had a land on his name at the time of his demise. All of us have decided to take our share of that land. Now my brothers have given me in writing in the form an affidavit " We have or shall have no objection if our only sister will construct the residential house over the aforesaid land for her own use".

What are the implications of this affidavit? I am told that i or my children will not have a claim of the land as per the affidavit but only can stay on the land till my demise. "'

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G.L.N. Prasad (Retired employee.) 24 June 2016

First point to be observed is whether the property was self acquired or ancestral of your father.

Then to remove all doubts and future complications, a title deed must be generated to avoid complications and as one has to submit copy of title deeds for obtaining permission.

The proper course is reducing the partition in the form of a deed, registering it, mutating that part in your name and this has to be done by a competent advocate. Even your children can enjoy the property if there is a title deed.