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Family partition

(Querist) 01 February 2016 This query is : Resolved 
Hi
My father died 10 years back and He own properties in Andhra Pradesha and Karnataka. We are four family members me, my brother, my sister and my Mother. We want to divide properties based on our convenience rather than on market Value(its agreed among all the members). I want take property in Andhra Pradesha and other family want property in Karnataka. When last week we made partition deed and approached Registration office to register my property in Andhra Pradesha the register rejected it because there no property for other member of family in Andhra Pradesh. The Registration officer want show some property in Andhra Pradesh or show cash paid to other family members.
The Registration officer is not considering Karnataka property in deed. If I show cash paid to other family members I need to pay Registration charges to it. Please suggest us

Thanks
Chandrasekhar














rajagopal.s (Expert) 01 February 2016
Hi
unfortunately the registrar is correct.
The partition should be effected in such a way that you, your brother, your sister and your Mother partition all of the properties separately.In case of partition, the stamp duty and registration will be negligible(when you take future problems within family, from people with an evil eye on the property etc) . The stamp duty (0.5%) will be on market value or consideration which ever is higher. Registration fee will be another 100.
Better to pay stamp duty and registration charges as the property will be fully settled and there will be no future problems. consider paying stamp duty and registration charges as an investment (any way's you are beneficiary of your father's properties) rather than a cost.
Chandrasekhar (Querist) 01 February 2016
Hi
The issue not property .. the issue is property in 2 states. I am getting property in Andhra and Other family members are getting property in Karnataka and its written in deed. All family members getting fair share portion of property. The register is not accepting other state property.

Thanks
Chandrasekhar
Rajendra K Goyal (Expert) 02 February 2016
Consult local lawyer, show all the documents and proceed as per his advice.
Rajendra K Goyal (Expert) 02 February 2016
Repeated query:

http://www.lawyersclubindia.com/experts/Family-partition--582241.asp#.VrBj6LJ97IU

http://www.lawyersclubindia.com/experts/Partion-deed-registration-charges--582306.asp#.VrBj67J97IU
Kumar Doab (Expert) 02 February 2016
If repeated, no reply.


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