Neeraj Arora (aaa) 24 February 2014

Partition of commercial land query

Hi, My grandfather had a commercial land of 300 Sq yards on his name. He passed away in 2011. He had made a court registered WILL that after his demise, the property will belong to me and my cousin brother(Tauji's son). Now we both have equal undivded share. We want to partition the plot and a partition deed needs to be made. This plot is in Milap Nagar(Uttam Nagar) West Delhi. Pin Code 110018

After cutting it into 2 portions, Plot A will be 2 side open and Plot B will be 3 side open. So, to keep the value of both plots equal, we will have the 2 side open plot slightly bigger because 3 side open has more value.

What will be the procedure. Please let me know:

1) Do we require a site plan before going for partition deed is made?

2) Will there be only 1 original document? Who will keep the original?

3) What will be the cost involved? Who will pay the cost? Please explain the cost?

Thank you.

Regards,

Neeraj Arora

Reply Follow

2 Replies

Biswanath Roy (Advocate) 25 February 2014

First of all you shall have to take Probate from the Civil court of jurisdiction. Secondly you shall have to make a site plan showing therein Lot 'A' and Lot 'B'

Thirdly you shall have to make a Partition Deed signed by both the parties along with signed site plan which shall have to be registered.

Fourthly you shall have to mutate your respective properties in the Revenue Records..

T. Kalaiselvan, Advocate (Advocate) 26 February 2014

Yes as rightly advised, first you have to probate the Will and after that you both can enter upon a partition deed by compromising with each other about division and separate possession and the same can be registered on each individual's name at their own costs.