My father and uncle got a plot of land in Salt Lake, West Bengal in 1974 which was jointly leased out to them. As you would know almost all land in the Salt Lake area is leasehold, on 999 years lease. On this land, a two storeyed house was built by my father, my uncle paid nothing towards the construction. Anyway, my uncle has been occupying the ground floor flat since the house got ready, while the first floor flat which was ours has been lying vacant for the last 30+ years. My father expired last year and me and my mother are his legal heirs and we have already applied for mutation of this property.
We are also interested in getting a partition deed done as we do not have cordial relations with my uncle. I would like answers to the following:
1) Can the partition deed for Salt Lake property be registered? I have enquired with the Salt Lake Urban Development (UD) dept which grants mutation and they have said that they do not provide any sanction to partition deeds. If the UD dept does not approve such a deed can it still be registered? In case the deed cannot be registered what is the significance of having such a deed?
2) I also want to know whether such a deed can include safeguards against the house being used as collateral, possible liquidation etc. since my uncle is a fairly undesirable person.
3) My uncle is issueless and currently the ground floor flat occupied by him has as its residents people from his wife's side (ie. my aunt's relatives). I would like to know our rights in case my uncle dies without making a will, as we are co-sharers of this joint property and whether we can get these people who are no blood relations of ours, removed. (In Salt Lake, lease rights are transferable between co-sharers.) What is the legal standing of people who are not blood relations, in the absence of will that bequeaths property to them?
In case someone can give reference of a Kolkata-based lawyer who has good understanding of Salt Lake property matters, would be highly obliged.
