Change of Title and Reliquished Deed

• Partition of property  is advisable.
• the "mode of Partition"
• "Question of title" be raised before Civil Court after Naksha Be is confirmed or after "mode of Partition".

Pls, Check this  >Judgement<.

Can we build  a house without Partition of the Property

Dear Mr.Rawat,

As in your case your father died intestate (without leaving a Will) and in such case as per Hindu Succession Act 1956, if a Hindu male died intestate all the surviving legal heirs including your mother will be come the equal owners of the property of the deceased and all of you will become joint owners of the property.  If all the legal heirs consented to transfer the khatha in your mother's name they will have to give an affidavit to the concerned revenue authorities for transfer the katha in your mother's name which will not transfer the property except katha in your mother's name.

All the legal heirs ammicably can go for partition of the schedule property and those who are really interested in the property can retain their share by transfering katha of their respective share if not can relinquish their share in favour of the legal heir who is interested in such share by paying the prevailing market rate. Registration of the Partition Deed among family members, stamp duty  is very nominal per share and for relinquishment deed it will be little more.

Thanking you,

Dear Mr.Rawat

If your build a house without registered partition deed, that property will remain as joint property of all the legal heirs of the deceased.

I am very much thankful to m.kupparaju who give me such a good information about my problem.

Please refer my case, I am the elder son and want to buy some(1/2) part of this property from the other legal heirs(mother/brother/sisters). Can legal heirs sell this property to me.