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Nagesh (private empolyment)     20 April 2023

Release deed or partition deed

Dear Learned Gentlemen,

A self acquired property of the deceased husband which consists of Ground and First Floor house is succeeded by his wife and a Son.   Now mother wants to have her 50% share to be a separated and enjoyed by her with absolute ownership. (Say First Floor of the building along with undivided share in the entire land.)  Now to achieve this, which deed is more appropriate, Release Deed or Partition Deed ?

Thanking you.



Learning

 5 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     20 April 2023

Partition deed is more appropriate. Partition deed is a legal document that classifies the shares and rights of an owner. Once the deed is made, it means that an owner is entitled to sell, gift, or transfer the property ownership to any other person. Mostly, the partition deed is made when a property is under distribution process and is owned co-jointly.

Advocate Bhartesh goyal (advocate)     20 April 2023

Divide the property by executing registered partition deed, by partition  you will become absolute owner of your 50% share in property and can sell,mortgage ,gift or transfer your share to anyone as per your wish.

T. Kalaiselvan, Advocate (Advocate)     21 April 2023

It would be proper to partition the property amicably among themselves with proper demarcation and the conditions thereon so that each shareholder can have separate possession of their respective share in the property which will include the share in the land underneath the structure and rights in the other common areas.

The partition deed drawn may be executed by a registered document and each shareholder can have one original document each.

 

Dr J C Vashista (Advocate)     21 April 2023

I endorse the advise of experts, partition of property (by meets and bounds or through Court, as agreed by both of you) would be a better option.

Nagesh (private empolyment)     21 April 2023

I thank you all for  your for your valuable advise. 


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