Shakuntala Pathak ( ) 12 October 2012

Undivided property

We have a big house which has a partition deed (5 brother's and sister's), but that is not registered in court. It is mutually agreed upon with some court stamp on it.

My first question : Is the registration of the partition deed MANDATORY when we want to sell the house?

We want to sell the house. The buyer has come up with a proposal to save his stamp duty and some registration fees. His suggestion is : They want to make 5 deed of conveyance (since there are 5 parties), divide the property equally with the distribution of the money according to the partition deed. So there would be 5 deed of conveyance where we each of us (5 of us) would be required to sign.

One point to be noted is that the partion was not equally made, but it was agreed mutually. The money distribution when the house will be sold will also be proportionately. However,

My second question is : Since this partition deed was not registered, the buyer is saying that the property is still "Undivided", is this true?

My third question is: Is it legal to have 5 deed of conveyance for a single property, just by diving the property on papers stating "undivided 1/5th portion" of the house in each sale deed?

Can any lawyer please reply to my query very URGENTLY please?

Thanks.

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2 Replies

Anish Thakur 7018812737 (advocate) 12 October 2012

dear querist ,

your query regarding the validity of unregistred family partition is that it is valid even a oral family partition is equally valid as to registred,as the property is till undivided in documents as the partition had not taken place in documents of registrar ,as per my knowledge different conveyance deeds of joint house can not be done as thefirst right to purchase the share of that house entitles to the co sharer ,after the mutual consent agreement signed by all co sharers a house can be sold.

Shakuntala Pathak ( ) 15 October 2012

Thanks for your reply. Yes, we have mutually agreed on the partion and it has been accepted by the court as well, however the partion deed has not been registered in court. We all want to sell the house to a third party and we are on the verge of finalising it. But the prospective buyer of this house wants to make 5 sale deeds and save stamp duty because if the buyer buys this house as a single property then he/she has to pay higher stamp duty and registration fees because the market valuation of the house also goes up.

Is this legal to have multiple sale deeds for a single house?? I dont find it very convincing and seek expert view. Thanks.