Shivaram (n/a) 07 March 2016

partition deed

Dear Friends, Three brothers have acquired title of a property through their father vide gift deed. Now they plan to construct three floor residential building in the land. They approached a bank who are now insisting for a partition deed. Three owners have jointly applied and got a sanctioned building plan. If partition deed is now executed, will the building plan applied jointly earlier lose its effect? Whether partition can be done for yet to be constructed building?

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4 Replies

Subash M R (Advocate) 07 March 2016

Building plan will not affect in any way.Bank which insists partiton deed to be understood in its true sense that property in question(land) be devided in to three portions firstly demarcating the boundaries of each share holders specifically before the proposed construction of the residentiual buildings.

Thanking you,

Shivaram (n/a) 08 March 2016

Thanks Mr. Subash, In that case, whether the brothers may enter into a partition deed specifying the exact undivided share along with demarcated floor areas as per sanctioned plan (eg: Ground floor belongs to A; 1st floor belongs to B; 2nd floor belongs to C along with sharing of common areas)? Regards SV