Dividing the property legally Dividing the property legally

2 months ago

Can we do the partiton deed as : Property A shall belong exclusively to the Elder Son. Property B shall be jointly owned by the Elder Daughter and the Elder Son. Property C shall belong exclusively to the Younger Son. It is expressly agreed that Property D, which is already in the name of the Mother, shall not be part of this partition deed, and the Mother shall retain sole ownership of Property D without any claims from the other parties herein

Anik

Responded 2 months ago

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A.Dear Client,

When dealing with an undivided inherited property, a partition deed is crafted following a court decree resulting from a partition suit initiated by the legal heirs of the deceased property owner who passed away without leaving a will. According to Hindu law of inheritance, in cases of intestate succession, every surviving legal heir is entitled to an equal share in the property.

To formalize this division, it is necessary to file a partition suit in the Civil Court, seeking a court decree for the partition. Subsequently, based on the court's decree, a partition deed is to be formulated and registered at the office of the Sub-Registrar, with the requisite stamp duty payment, to render the document legally enforceable. Seeking advice and guidance from a legal professional, such as an advocate, is recommended for a clear understanding of the process and proper execution of necessary steps.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 2 months ago

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A.Dear Client,
A deed of partition of an undivided inherited property is made based on a decree of a Court passed in a suit for partition filed by the legal heirs of the deceased owner of the property who left the property without any will. As per Hindu law of inheritance, in case of intestate succession, all the surviving legal heirs of the deceased owner are entitled to an equal share in the property. So, you need to file a partition suit before the Civil Court praying for a decree of partition and based on the decree of the Court, a partition deed to be executed and registered on payment of stamp duty in the office of the Sub-Registrar to make the document enforceable. Reach out to an Advocate for guidance and steps.
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Vidhi Samaadhaan Vidhi Samaadhaan

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