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 6 Replies

Ambedkar   15 December 2018

We have ancestral property of  Sites & Buildings in Andhra Pradesh & Telangana 
We five brothers gave GPA to our mother on all properties  after my fathers' death. Recently my 4th brother also expired. We all came to an agreement and want to do the partition.. We all brothers gave Legal Heir certificate to our mother as well. 
I have below queries on partition deed. Please help to clarify.
1) Can our mother do partition of all properties in favour of all family members?
2) Since Properties are in 2 different states, can we do  partition deed registered  in Andhra Pradesh? Is it valid in Telangana?
3) One of my brothers is in US, can he give GPA on my name to execute the Partition deed. If so please kindly share the GPA format.
4) What are the documents required for Partition deed? Do we need to produce all original documents for partition deed ? 
5) Are Grandchildren also require to sign the partition deed?
6) Approximate Partition deed registration charges

Siddharth Srivastava (Advocate)     15 December 2018

1. yes. otherwise also you and other family members can make partition among themselves.
2 partition deed can be registered in with state. partition deed would attract stamp duty in accordance with value of all property involved. so also decide the proportion of payment of stamp duty by each person. there are other ways of partition also to avoid payment of stamp duty as involved in partition
3. yes.
4. partition deed only requires.
5. No. Grand children have no independent rights in the property.
6. No specified charges. Advocate fee for drafting and stamp duty and other misc. charges

Ambedkar   15 December 2018

Thanks for your quick reply.

Coud you please let me know other ways of doing partition to exempt from Stamp duty.

1. Since my mother will be executing partition deed based on GPA and Legal heir cerificate, do all members need to be present  at the time of registering partition deed or GPA will do

2. Since properties are in 2 different states (Andhra Pradesh & Telangana), do we need to execute separate partition deeds in both states?

3. Could you please confirm no other documents are required at the time registering partition deed.

Siddharth Srivastava (Advocate)     15 December 2018

1. Yes. 2.Not required. It can be registered in either state. 3. Except deed and ID proofs of all executant no other document is required. Other documents to avoid stamp duty can not be suggested on this platform. If required consult in person

Kumar Doab (FIN)     18 December 2018

Which personal law applies in your case?

Are you all Hindu?

The said property is agricultural land, rural, Urban, or it is a building?

Have the deceased title holder (1st owner) amongst your forefathers and Co-sharers/successors i.e. your father left any valid WILL?

Was IT ever partitioned (with boundaries) by a valid/registred deed before IT came to the hands of your deceased father? OR IT devolved upon your deceased father by inheritance? Or your father bought the property(ies) as in query from self earned/acquired funds?

Is this property indeed ancestral? Has your own very able LOCAL counsel that has examined all property related docs opined that nature of property is indeed ancestral? Or IT is self acquired/earned in the hands of your deceased father?

The said GPA was given to your mother for what purpose(s)?

As per your post there are no daughter/married daughters from both the families!

Was mother of your deceased father alive as on date of death of your father?

Confirm!

Kumar Doab (FIN)     18 December 2018

THE REGISTRATION ACT, 1908; PART V OF THE PLACE OF REGISTRATION

17,31,88,89


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