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veer (abc)     16 April 2010

partition of land bought in auction from IT

hello, 

my father along with his business partners  had bought a piece of land from the auction by the dept. of income tax in year 1987 on total 6 names.

as on today,, we are going to divide the land between 5 alive candidates.

we have already executed a deed amongst us, and presented it to the court.

the regional inspector says that this land cannot be divided between the parties unless a registration-fee (4% or 8%) is paid.

but at the same time he says that it is a nazul land and so  there is a possibility of doing the same by executing something called as "KHATA KA VIBHAJAN" or divison of accounts. 

________

now,

after the partition is done, if I am willing to sell the land further to some other person, I will have to pay the registration charges.

at that time, I will be not at all communicating with or getting any help from  the other 3 partners.

hence I wanted to make sure that I should not rely on their support for selling off my portion of land and getting it registered  or whatsoever.

please thelp me with the steps necessary for ensuring  the same. 

 

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Learning

 2 Replies

bhagwat patil (Property due diligence 9422773303)     17 April 2010

IF it is an agricultural land u can divide it subject to fragmentation act. if it NA plot you have to follow DC  rules. then u can very well sale it. secondly you have stated that they were six partners and u r dividing in 5 only.

veer (abc)     17 April 2010

ONE OF THEM DIED A FEW YEARS AGO.

HIS LEGAL HIERS (SONS) ARE TAKING UP HIS PART OF LAND.

 

DOES FRAGMANTATION MEANS khate ka vibhajan?

what are the DC rules. please brief.


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