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Bhaskaran Advocate (Lawyer)     20 June 2008

Partition Deed - How to go about?

 

My father during his lifetime bought four sites in Bangalore in order to gift it to his four sons, he has no daughter.  He died intestate having signed some blank paper. My mother is still alive.



The site is registered in his name.  It is a revenue site.  Till now no tax has been paid.  No khata has been obtained.  No betterment charges have been paid.



We four brothers now are contemplating to fill up the blank paper and make it a will in favour of our mother, then from that will we are contemplating to partition the property through a Partition Deed. 



The question that arises is whether we should pay the betterment charges first and obtain the khata in our late father's name and then go for partition or is it possible to partition the property on the strength of the will and then pay the betterment charges and obtain khata in our individual names?



Can the property be partitioned without khata being obtained first?



In one of the paper which is signed he has written that the property be equally divided among the four brothers. It is only a plain paper in which he has written, which can be taken as a WILL. But we do have additional blank signed papers. Maybe the additional signed blank papers may not be necessary.



Learning

 7 Replies

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     21 June 2008

 


Dear freind,


Pl do the things in legal manner. If  you write on a blank paper , you are bound to make mistakes.


The property in your fathers name is HUF property. It can be transfered in the name of the eldest son as Karta by just giving death certificate of your father.


Thereafter you can partition the HUF and divide the properties among all the brothers.


It is that simple.

K.C.Suresh (Advocate)     21 June 2008

Sir, preparing a document in the blank signed paper after the signatory is expeired is an offence under IPC. Pl don't do that. There is nothing to woory about except the expenditure. The former thing is more expensive and jail going. The person who acquired the right has to remit all the dues when the property is inheriting by him. So better abide the law.

Bhaskaran Advocate (Lawyer)     21 June 2008

In one of the paper which is signed he has written that the property be equally divided among the four brothers. It is only a plain paper in which he has written, which can be taken as a WILL. But we do have additional blank signed papers. Maybe the additional signed blank papers may not be necessary.



 

arunprakaash.m. (advocate)     23 June 2008

Now you have every right alienate the said proerty by the way of gift deed in favour of your mother. It is valid. you each brother  and your mother can get 1/5 share in your fathers property.

Guest (n/a)     29 August 2008

1) one of my relatives and also his wife had died recently without leaving a will.they had some assets at different locations/cities which their four daughters (no sons)would like to partition. what is the procedure? do they have to register different partition deeds for each assets at the respective sub registrar office? or will single partition deed sufficient at one subregistrar office?one of the daughter is NRI. can she execute a POA in favour of somebody?


 

Adalia Thomas (CSR)     06 October 2009

Originally posted by :D Bhaskaran
"  My father during his lifetime bought four sites in Bangalore in order to gift it to his four sons, he has no daughter.  He died intestate having signed some blank paper. My mother is still alive.The site is registered in his name.  It is a revenue site.  Till now no tax has been paid.  No khata has been obtained.  No betterment charges have been paid. We four brothers now are contemplating to fill up the blank paper and make it a will in favour of our mother, then from that will we are contemplating to partition the property through a Partition Deed.  The question that arises is whether we should pay the betterment charges first and obtain the khata in our late father's name and then go for partition or is it possible to partition the property on the strength of the will and then pay the betterment charges and obtain khata in our individual names?Can the property be partitioned without khata being obtained first?In one of the paper which is signed he has written that the property be equally divided among the four brothers. It is only a plain paper in which he has written, which can be taken as a WILL. But we do have additional blank signed papers. Maybe the additional signed blank papers may not be necessary. "

Adalia Thomas (CSR)     06 October 2009

Originally posted by :D Bhaskaran
"    

hi

My question is that property is registered GPA. 1st party never paid the khata which was registered under his name and after selling, it was registered through GPA but even the 2nd party never paid the khata and sold to 3rd party which is also GPA registered and no khata has yet paid. Is there any possibility to register this revenue property at bangalore before paying khata?


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