Partition
pushpakrishna
(Querist) 29 September 2013
This query is : Resolved
Dear Experts,
'A' and 'B' are own brothers and having 6 sisters and all are married long back. now 'A' and 'B' wants partition their properties. House in the name of 'A' allotted 'B' and land in the name of'B' allotted to 'A' as per the Partition. is it necessary to have Registration as per the Partition? there is no disputes at present. in future their sisters may create any troubles? MEMORANDUM OF UNDERSTANDING is not enough ? Kindly advice in this regard .Than you sirs.
Raj Kumar Makkad
(Expert) 29 September 2013
As the properties under partition exclusively belong to A & B so there is no role of their sisters thereupon and thus nothing can be claimed by them on those properties.
As the issue is not of partition rather of settlement or say exchange so either a court decree is to be obtained or a settlement deed is required to be registered which shall require nominal stamp duty.
ABDUL RAZIQUE
(Expert) 30 September 2013
in the matter of partition and share in the property should be describe either it is a Hindu family or Muslim family, without knowing fact it is impossible to dealt with perfect advise.
settlement deed is necessary to execute between parties for safe of future litigation.
Rajendra K Goyal
(Expert) 30 September 2013
Agree with the expert raj kumar makkad ji. Nothing more to add.
V R SHROFF
(Expert) 20 November 2013
agree with experts