Partition of Land by Mutual Agreement
5 years ago
I am co-owner of a land property of my mother. My mother has transferred her land property to her three sons equally by executing one single Gift Deed in July 2014.. I want to get my share of land separated from my other two brothers parts / shares since they have already built up a large two storied residential building demolishing old one ancestral large building without my consent and partitioning the land. I live in a rented flat from very beginning of Govt Service for more than 35 years. I have already got a site plan with map done by a Licensed Surveyor. I want 50% of the area because my brothers have built up their building occupying the front side of the land and now I have no alternative but to take backside of the building market of which is less than 50% of the front side. (a) Now if we all three brothers make a Mutual Agreement amicably on a stamp paper duly prepared & witnessed by an Advocate and get my share 50% of land area instead of one third, shall it be valid in the eyes of law ? (b) Shall this mutual agreement hold good for the purpose of my legal possession and ownership of the land ?
Nirmal Chopra
Responded 5 years ago
Mohd Imran
Responded 5 years ago
Answer is for your first query is yes. If your brothers agree to relinquish thier part in favour of you than there is no impediment in law against it. Your brothers would have to execute a mutual family agreement-cum-partition deed in favour of you stating therein that they are relinquishing their part in favour of you because they had constructed thier houses on good peace of land. All things would be written as mutually agreed.
b. Sure, this agreement would surely serve for the purpose of your legal possession and ownership
And without detail discussion proper consult is not possible.
You can call me for detail discussion.