Anand Aacharya (accounts dept) 26 July 2012

Property question

This is the situation with my close friend-

Father passed away few months ago leaving behind wife and 2 sons. He had a house with 3 floors that he had built on the plot that is in his name. Now the family wants to divide the house in such a way that first son gets one floor and the second son gets 2 floors. What is the procedure to do this in a way that no legal disputes are created between the sons in future. One son lives abroad, so he cannot come to india every month to fight a legal battle in court in case the other son creates any legal disputes in future.

1)What are the best options available for them to do this?

2)how much would that roughly cost?

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4 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 26 July 2012

Since after the death of father, children and widow being Class I legal heirs, become owners to the extent of 1/3rd each, they can execute a registered settlement deed - dividing the property as they wish. The son who's outside India need not come here, he can authorise by POA (notarized by Indian consul of his state) authorising a person to execute and get registered family settlement on his behalf.

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bhagwat patil (Property due diligence 9422773303) 26 July 2012

If all three bros agree no need of litigation as mr Chugh advised.for further contcact with details.

Ajit Singh Cheema (practising Advocate) 26 July 2012

Get the property partitioned as desired or as agreed by all the three brothers and then get the family settlement registered with the sub registrar.That may be the best option under your circumstances.

Anand Aacharya (accounts dept) 27 July 2012

Thank you all for the prompt reply. How much stamp duty and registration fee (in %) will need to be paid in order to get this done? The house is in New Delhi.

Property question

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