Procedure for filing a declaration for partnership of inherited property
rajeev sharma
(Querist) 09 April 2013
This query is : Resolved
MY FATHER HAD A SELF ACQUIRED PROPERTY IN GHAZIABAD. HE HAS LEFT AN UREGISTERED WILL AS PER WHICH THE HOUSE HAS TO BE DIVIDED BETWEEN ME AND MY BROTHER. WHAT IS THE PROCEDURE FOR FILING A DECLARATION FOR PARTNERSHIP IN THIS HOUSE. AND WHAT ARE THE DOCUMENTS REQUIRED?
Raj Kumar Makkad
(Expert) 09 April 2013
Either of you require to file for the probate of will before civil court or either of you can even file suit for partition and possession if none has any objection to your join ownership on the basis of will.
rajeev sharma
(Querist) 09 April 2013
MY BROTHER HAS APPLIED FOR NAME CHANGE IN NAGAR NIGAM WHICH WAS CURRENTLY BY MY FATHER'S NAME. IS THERE STILL A NEED OF FILING A SUIT IN THE COURT FOR PARTITION?
Raj Kumar Makkad
(Expert) 09 April 2013
Change of name in the municipal record is not the change of ownership rather the same is meant for the tax purpose. It shall be better to get the partition done through court so as to avoid future complications.
rajeev sharma
(Querist) 09 April 2013
WILL MUTATION IN ANY WAY HELP ME IN GETTING ORDER FROM THE COURT?
Devajyoti Barman
(Expert) 09 April 2013
You need to partition it , not partnership.
For partition you have to file suit for partition.
Separate mutation would be treated as amicable partition.
rajeev sharma
(Querist) 10 April 2013
what is the benefit of filing partition suite over mutation? and since my brother has filed for mutation in nagar nigam what objections can i raise to it?
prabhakar singh
(Expert) 10 April 2013
In U.P. probate or L.o.A is not a legal necessity.
If the will is admitted to you both then moving for and getting mutated in fathers place in municipal records is sufficient exercise.
If you both want to divide the house.for that too no suit is required as it is legally allowed to you to do so orally and amicably by raising a partition wall.
A suit is necessity in case of dispute,demand of partition by one and denial by the other.
Sudhir Kumar, Advocate
(Expert) 10 April 2013
Repeatedly repeated query:-
http://www.lawyersclubindia.com/experts/PROCEDURE-FOR-FILING-A-DECLARATION-FOR-PARTNERSHIP-OF-INHERITED-PROPERTY-384601.asp#.UWVWsDchHfM
http://www.lawyersclubindia.com/experts/CERTIFIED-COPY-OF-PROPERTY-384611.asp#.UWVWnTchHfM
http://www.lawyersclubindia.com/experts/TRANSFER-OF-NAME-OF-HOUSE-384621.asp#.UWVWfzchHfM
http://www.lawyersclubindia.com/experts/FILING-A-DECLARATION-384631.asp#.UWVWbTchHfM
rajeev sharma
(Querist) 10 April 2013
what objections can i raise to the mutation raised by my brother in nagar nigam since we hv not reached a settlement.
rajeev sharma
(Querist) 10 April 2013
since i am not having clarity in the area division so should i raise an objection in the mutation or file a partition suite?
rajeev sharma
(Querist) 10 April 2013
i am having the original unregistered will and the original title deed of the house so can my brother sell the his share of the house after mutation process. what would be the documents required by him?
