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I have a step mother
7 months ago
I have a step mother with her two married daughters. My father married her after death ofy own mother when I was age abut 2 year old. My father also died in the year of 2002 without settled down his immovable property.
What the process will run for partition the said property amongst us?
A.Dear Client,
When your deceased father left the immovable property intestate i.e, without any will, then all the surviving legal heirs are entitled to an equal share in the said property of the deceased owner. You being a legal heir of the said property can file a partition suit before the Civil Court praying for an order or decree of partition of the said property among the surviving legal heirs of the deceased owner who left it intestate. Accordingly, on the basis of said order of partition, a deed of partition would be registered in the office of the Registrar or Sun-Registrar, and all the surviving legal heirs shall acquire an equal share in the said immovable property of the deceased father. Reach out to an Advocate for guidance and steps.
When your deceased father left the immovable property intestate i.e, without any will, then all the surviving legal heirs are entitled to an equal share in the said property of the deceased owner. You being a legal heir of the said property can file a partition suit before the Civil Court praying for an order or decree of partition of the said property among the surviving legal heirs of the deceased owner who left it intestate. Accordingly, on the basis of said order of partition, a deed of partition would be registered in the office of the Registrar or Sun-Registrar, and all the surviving legal heirs shall acquire an equal share in the said immovable property of the deceased father. Reach out to an Advocate for guidance and steps.
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A.Dear,
The process of partitioning an immovable property among legal heirs in India typically involves the following steps:
Legal Heir Certificate: Ensure that you have a legal heir certificate issued by the appropriate authority in your state. This certificate establishes your legal right to inherit your father's property.
Property Assessment: Determine the current market value of the property you wish to partition. This can be done through a property valuation by a qualified valuer or by consulting with a local real estate expert.
Mutual Agreement: If all legal heirs (you, your stepmother, and her daughters) are willing to partition the property amicably, you can draft a partition deed that outlines the distribution of the property. Consult with a legal professional to ensure the deed complies with legal requirements.
Registration of Partition Deed: The partition deed should be executed on a non-judicial stamp paper of appropriate value and registered at the sub-registrar office in the jurisdiction where the property is located. All legal heirs must sign the deed in the presence of two witnesses.
Payment of Stamp Duty and Registration Fees: Ensure that the necessary stamp duty and registration fees are paid for the partition deed.
Division of Property: Once the partition deed is registered, the property can be physically divided among the legal heirs as per the terms of the deed. In some cases, it may not be possible to physically divide the property, so arrangements for compensation or adjustment can be made.
Mutation of Property: Update the property records (mutation) with the local municipal authority to reflect the new ownership details based on the partition deed.
Possession and Title: After the partition is complete, each legal heir will have their share of the property with clear title. Ensure that you obtain the necessary documentation, including the sale deed or gift deed, as applicable, to establish your ownership.
The process of partitioning an immovable property among legal heirs in India typically involves the following steps:
Legal Heir Certificate: Ensure that you have a legal heir certificate issued by the appropriate authority in your state. This certificate establishes your legal right to inherit your father's property.
Property Assessment: Determine the current market value of the property you wish to partition. This can be done through a property valuation by a qualified valuer or by consulting with a local real estate expert.
Mutual Agreement: If all legal heirs (you, your stepmother, and her daughters) are willing to partition the property amicably, you can draft a partition deed that outlines the distribution of the property. Consult with a legal professional to ensure the deed complies with legal requirements.
Registration of Partition Deed: The partition deed should be executed on a non-judicial stamp paper of appropriate value and registered at the sub-registrar office in the jurisdiction where the property is located. All legal heirs must sign the deed in the presence of two witnesses.
Payment of Stamp Duty and Registration Fees: Ensure that the necessary stamp duty and registration fees are paid for the partition deed.
Division of Property: Once the partition deed is registered, the property can be physically divided among the legal heirs as per the terms of the deed. In some cases, it may not be possible to physically divide the property, so arrangements for compensation or adjustment can be made.
Mutation of Property: Update the property records (mutation) with the local municipal authority to reflect the new ownership details based on the partition deed.
Possession and Title: After the partition is complete, each legal heir will have their share of the property with clear title. Ensure that you obtain the necessary documentation, including the sale deed or gift deed, as applicable, to establish your ownership.
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