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.
Helpful
Helpful
Share
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.
Helpful
Helpful
Share
Read Related Answers
Neighbour trouble
Dear Client,
In the prevailing situation and also in the absence of any registered housing society in the housing complex, the following steps may be opted to resolve the matter out of Court - 1) Ther...
I am going to buy a plot, the promoter ask me send the money to their account
Dear Client,
In the real estate business, a Joint Development Agreement(JDA) is executed between the Landowner and the Promoter specifying therein all the terms and conditions and the allocation of a...
Water leakage from terrace during rainy season
Dear Client,
Firstly, you can explain your grievance to society and try to resolve the matter amicably. In case the society refuses to fix the leakage problem, then you can file a complaint to the Reg...
how long can a school legally retain confiscated items - mobile phone
Dear Client
The School can take a mobile phone in a circumstance if they feel it necessary and expedient, but they must give it back to the student at the end of the school day. The school does not h...
Caste change
Dear Client,
In India, caste is inherited from the father's family, not the mother. There is no provision for changing the Caste. But in certain circumstances - where the mother is divorced or widow...
Read Blogs on Civil
Civil Lawyers
Find Lawyers by Location
