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Dhaneshwari Kumari   11 February 2022

Using family deed can i sell my share of land without any objection from other joint owners?

I have a property in joint-ownership with my brother measures of 1600 sq.ft. With difference in interest we have been looking forward to clarify our shares or ownership of property title in writing.

Can someone help to guide , which is the best options considering all future consequences for myself and my legal heirs.

1. Does Family Settlement agreement with mutual consent of respective share information enough? As I understand no stamp duty, registration process required. Without FSD registration will I be able to transfer or sell my share to anyone without anyone's objection? Or Should I need to get consent with my brother while selling or transferring my share?

Due to encroachment at my brother's side land department refused to grant separate mutation receipt ? Will there be any future consequences? However, I have already mutation receipt in joint ownership with my brother

What is cost for FSD and how long will it take?

2. Do I need to go for Partition deed? I understand PD must be registered and stamp duty to be paid. Refence to registered PD also land department refuses to grant separate mutation receipt ?Will there be any future consequences?

What is cost for PD and how long will it take?



Learning

 4 Replies

Dr J C Vashista (Advocate)     12 February 2022

Settle the matter amicably and reduce it in writing as family settlement which may or may not be registered.

G.L.N. Prasad (Retired employee.)     12 February 2022

As already suggested by most eminent expert Dr. J.C. Vasishta, get a family settlement deed through a local advocate, and show your share divided in metes and boundaries in the schedule, to give a better title to your purchaser.   Unless the property is divided in metes and bounds your specific share of the property can not be determined.

Aryan Raj   12 February 2022

In response to your query,

You have the option to sell your entire stake to anyone at any moment. The execution of a sale deed does not require consent. Normally, an undivided portion is not demarcated. If you want to demarcate your land, you must file a partition complaint with the civil court to separate your share of the ground.

If there is any objection raised by your brother then you both can mutually go for a partition deed.

Regards,

Aryan Raj

P. Venu (Advocate)     16 February 2022

You can sell your undivided share. But it may fetch lesser vlue in the market!


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