Mutually Residential Land division process between sons in Malda, West Bengal
1 year ago
The issue is related to a land in Malda, West Bengal.
My father divided the total residential property of 5 katha in five partitions in 1995; 1 katha for my Mother and 1 katha for each of four sons. My mother's partion is in the middle; while four sons' partions are at four corners. All 5 partitions are listed under BLRO and have separate Khatian Numbers.
My mother's partition is a rectangular area and in absence of her, this area needs to be divided equally between we four sons. The existing four Khatian Numbers needs to be updated to show the additional area and deletion of the khatian number of my mother's partition.
I understand there are two processes: a) mutually divide the area by a Registered Amin/surveyor and do registrtaion for all four partitions, which Cost 0.7% of the area value (i.e. Rs. 2,00,000). Then apply in BLRO for updating khatian numbers. It's an immidiate process.
b) go to Court and file a partition suite. mutually divide the area in front of Judge (No registrtaion is required, can save the amount), which Costs Rs. 10,000. Then apply in BLRO for updating khatian numbers with Court's order. It'll take 2-3 months.
Can you tell me if my understanding is correct and complete?
A few confusions are raised by others: Without registration BLRO will not update khatian numbers. Registration is must for either process. When to involve an Amin in the 2nd process?
Seeking your suggestion for the best cost and time optimized process?
Please consult a property lawyer who has an expertise in this field. You can also call on the number on the website. Thank you.