Can the E-Khata be bifercated into two different names
2 years ago
My mother has passed away and we sibling have agreed to divide the property as per mutual understanding and want to get a partition deep.
One of the plot measuring 30x40 has a E- Khata. Can two brothers divide the land in half and get e-khata resister the land in individual names. In future can any one of us sell our of the land.
and category in panchayat as Form 11B properties. Panchayat office say we cannot give two different E-khatas even if you make partition deed
Please give me best option to get two different E-Khatas
Ayantika Mondal @ Prime Legal
Responded 2 years ago
Please contact a lawyer and detail him the facts of your case. The government may have issued any circulars regarding to that and it has to be studied for giving you advice in this matter.
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You have to contact a lawyer for knowing about it. Proper advice can be given only after knowing the facts of your case and study the government circulars. First get legal advice and proceed accordingly.
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Lucem Leg
Responded 2 years ago
A.Dear Sir,
First of all, share the full detail whether the land is of A khata or B khata.
If rules does not permit then you can get partition by way of court decree and thus legalize the transaction.
OR
You can show in the single sale deed only that you both are equal owners of the property having 50% share in the property or 50% of the property measuring __ square feet in _____ side of the property belongs to you and the other side of the property having 50% measuring ___ square feet in the property belongs to your brother/sister.
The property under B khata can not be divided unless you register and make a partition through court. You can register the sale deed in the name of you and your brother and let the e-Khata come in the joint names later you can go Partition or Release Deed between the two and ask the Panchayath to make e-Khata in their individual names as per the registered partition deed or release deed.
A.Dear Sir,
It all depends upon various circulars issued by the Government if it is allowable then approach High Court to get direction accordingly. You cannot blame them without possessing any circular or any document that 30 x 40 feet site was bifurcated earlier.