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Arun (Engineer)     04 January 2011

Procedure to partition a land

Dear Sir,

We want to partition a land in my mothers name in Tamilnadu to all 3 kids. What is the process to do it (I assume its partition Deed) such that its incurs least tax /registration duty?  Also is the presence of all kids mandatory when this Deed is done?

Thank you.

Arun



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 5 Replies

A V Vishal (Advocate)     04 January 2011

Is your mother alive?, if she is then the easiest and cheapest way would be execution of gift deed in favour of her grandchildren.

A V Vishal (Advocate)     04 January 2011

Since the kids are minors they are represented by their natural guardian viz. you, the father and hence there presence is not required and you may accept the gift on their behalf.

Arun (Engineer)     04 January 2011

Thanks for the quick response. I was slightly misunderstood. I meant..we are the 3 kids (All major) Also since the land is more in length, we want to have a small approach to the partition that would be approach to the third piece of land. Please find attached a small pic indicating what we want to do. Is this something a lawyer can help us do or do we need to work initially with an architect?

Thanks Again.


Attached File : 59 59 land partition.doc downloaded: 408 times

A V Vishal (Advocate)     04 January 2011

Since you plan a passage for Piece 3, the same can be clearly demarcated in the site plan attached with the gift deed, this can also be done by the document writer in the registry office, check the dimensions properly in the document to avoid future misunderstandings.

Pritam Saini, Advocate (Advocate)     07 January 2011

Drear Arun ,

                    you have use wrong word "Partition"the partition alwayes took effect between the co-sharer. you should  aproached to a civil lawyer and asked to file a suit for declaration on the basis of family settlement inwhich  specifically metioned the portion on land to came in you and yours brothers. if there are any other co-sharer recorded in the land then your mother should file first partition petition and after partition she can competent to give specific portion in land as she desired.


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