Partition Deed
Hi Sir/Madam, We are three children: myself, my brother, and my sister. Out of four properties, all four were inherited by myself and my brother after my mother demise. Our mother had earlier inherited them from our late father, who had originally acquired them in the 1970s through a relinquishment deed from his family. Currently, the pahani and municipal khata records of all four properties stand in the joint names of myself and my brother. Now we wish to divide the properties mutually. Since our sister has already been given a property out of this 4, she is willing to sign a Hakku Kulashe Patra (release deed) relinquishing any rights in remaining 3(P1, P2,P3) properties. Thereafter, the remaining properties will be divided equally between myself and my brother through a registered partition deed. My specific question is regarding one property (Property P1). We wish to divide it equally, but instead of recording ownership in our individual names, we want to record it in the names of our respective Hindu Undivided Families (HUFs). Question: In the partition deed, can we write that Property P1 is allotted to me in my capacity as Karta of my HUF and to my brother in his capacity as Karta of his HUF, so that P1 will legally vest in our respective HUFs? Will the Sub-Registrar accept this, or would a separate declaration/settlement be required after the partition deed? If sub registrar accept will property P1 becomes huf and sufficient to take rent in HUF name. I already have HUF pan Card etc? Thanks for the advice
Kolkata
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