Capt RK Sharma (Lecturer) 21 April 2023

Property partition

My Father's self-acquired property. Father made a joint registered will with my mother. After father's death full property already mutated in my mother's name in corporation as per registered will. Now mother also expired and property needs to be partitioned among three brothers as per parents joint original registered will.

Three brothers already occupying three portions of the building as per registered will. They are also thinking of reconstructing the property making four portions as allowed by corporation.

Wondering what is the documented procedure to follow either before selling or reconstruction.

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Quick Summary

This discussion concerns the legal process for partitioning a self-acquired property originally bequeathed by a father to his mother via a joint registered will. Following the mother's death, the property was mutated in her name. Now, with both parents deceased, the three brothers wish to partition the property amongst themselves as per the original will, having already occupied separate portions. They are considering reconstruction and creating four portions, raising questions about the necessary documentation and potential legal heirs. Advice suggests mutation in public records and executing a partition deed with all legal heirs, including any sisters, to avoid future complications. If selling, all heirs must sign the sale deed. For reconstruction, an amicable, written, and registered partition deed is recommended first, followed by independent construction plans.

4 Replies

P. Venu (Advocate) 21 April 2023

Are there any legal heirs other than the three brother?

Depending upon the location, certain Wills are required to be got probated.

Else, you may take action to get the property mutated in the public records.

kavksatyanarayana (subregistrar/supdt.(retired)) 21 April 2023

A partition deed shall be executed by you and the remaining legal heirs i.e. your brother and any sisters in equal shares and register it to avoid legal complications in the future. If you want to sell it, all the legal heirs must execute a sale deed in favour of the buyer. If reconstruction.is made why 4 portions and who will take the 4th portion?

T. Kalaiselvan, Advocate (Advocate) 22 April 2023

First of all, the three of you may divide the property among yourselves by an amicable partition and reduce the same in writing by drawing a written partition deed, get it executed by a registered document.

After that you can independently decide about further construction program suiting to the circumstances.