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Legal Attorney Karthik   17 November 2024

Query regarding partition of ancestral property

Good day everyone, 

This query is related to partition of ancestral property. 

Ancestral property of 1.5 acres. Recently got patta in name of legal heirs. 

1. During partition whether it is mandatory to gift the road to the government? (35 cents are allocated for road) 

2. If road has to be gifted to government, what will be the charges? (Whether 7% stamp duty to be paid)

3. If road need not be gifted, will we be able to get cmda approval in future. 

4. If roads are not gifted to government, will it be possible to get drainage connection in the future after partition? 

5. If road need not be gifted to government, how can we show the road in the partition deed. I mean the schedule of property, can it be drafted as same way as mentioning a schedule for property. 

 

I am attaching sketch of the property. 

 

Thanks in advance



Learning

 3 Replies

Dr. J C Vashista (Advocate )     18 November 2024

If the road / drainage is to laid out by government why do you need to gift 35 cents land from your personal share ?

I feel the government shall have to acquire it from owner(s) in terms of land acquisition laws i.e., The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and develop it for laying road and drainage.

However, local laws apply to the facts and query. It is better to consult a local prudent lawyer for appreciation of facts, professional guidance and necessary proceedings.

Legal Attorney Karthik   18 November 2024

Thanks for your reply sir.

Sir, this is my wifes ancestral property, 

While doing partition among 8 legal heirs, we need to leave space for roads. The proposed road as shown in the attached sketch is 35 cents. The legal heirs are the owners of the property now. 

So while doing partition is it mandatory to gift the road to government or we can leave space for road without gifting the road to government. 

If doing gift deed to government, whether stamp duty of 7% is involved or not? 

T. Kalaiselvan, Advocate (Advocate)     18 November 2024

During partition of ancestral property the proper pathway towards easement of all the shareholders is to made especially when the partitioned property is demarcated properly.

Gifting the road to government will be when the layout is formed and not for individual partitions.

You may discuss with an experienced lawyer in the local and take appropriate steps as advised.


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