Arun (nil) 11 May 2015

Partition among family members who are not co-owners

Can we make a partition agreement between family members of an undivided property owned by individuals

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4 Replies

Jeetender Gupta (Advocate) 12 May 2015

Make a family settlement agreement.

Advocate Ravinder (Advocate/Attorney) 12 May 2015

You can make either partition deed or family settlement deed but it should be registered in the sub registrar office. In Telangana the stamp duty is 1% on the market value. It will vary from state to state.

Ompal Aggarwal (Advocate) 12 May 2015

U can opt either. Partition deed require registration n payment of stamp duty but in family settlement both r not compulsory

T. Kalaiselvan, Advocate (Advocate) 14 May 2015

The partition or family settlement if not registered loses its legal validity. That can become a corroborative evidence only in the event of any dispute in future in this regard. Better have an amicable partition and get the execution of the same by a registered document through the registrar's office.