Ancestral property - What is the legal validity
1 year ago
What is the legal validity of mutually agreed partition of grand grand father's ancestral property on a stamp paper signed by present family heads.Will development authority pass house map on this land.
A.Dear Client
Depending on the customs and practices in your area/city/town/village the mutually agreed partition deed can considered as legal and valid. If required you can get that deed registered with the sub-registrar to make it mor authentic.
Depending on the customs and practices in your area/city/town/village the mutually agreed partition deed can considered as legal and valid. If required you can get that deed registered with the sub-registrar to make it mor authentic.
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A.Dear Client,
We believe you are asking about the house 'plan' that needs to be approved by the Development authority before you start constructing the house.
After the partition, each party must also complete the property mutation process, to make the change legally valid. If the partition deed is not registered by paying the applicable stamp duty and registration charges, it will have no legal validity. Consequently, the unregistered partition deed will not be admissible as an evidence under Section 49 of the Registration Act, 1908.
In the same partition it can be mutually agreed that the property to be developed into a structure containing two floors and each will get a floor as agreed between them with common areas, walls and other issue in common to remain common to both in common rights. In that case, the development authority can approve the plan.
We believe you are asking about the house 'plan' that needs to be approved by the Development authority before you start constructing the house.
After the partition, each party must also complete the property mutation process, to make the change legally valid. If the partition deed is not registered by paying the applicable stamp duty and registration charges, it will have no legal validity. Consequently, the unregistered partition deed will not be admissible as an evidence under Section 49 of the Registration Act, 1908.
In the same partition it can be mutually agreed that the property to be developed into a structure containing two floors and each will get a floor as agreed between them with common areas, walls and other issue in common to remain common to both in common rights. In that case, the development authority can approve the plan.
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