Legal Question in Real Estate Law in India
Dear attorney,
Our ancestral property in Kerala, India, is left undivided (no will or no deed). All the legal heirs to the property joins together to make an affidavit proclaiming that we are the legal heirs (with hereditory proof) to the said paroperty. with this document can we approach the land registrar to divide it equally to all the legal heirs?
will the affidavit with individual proof act as a means for equal partition and legal deed.
Please answer this
regards
Dilip Pillai
6 Answers from Attorneys
31.01.2013
Dear Dilip Pillai,
Your approach is perfectly valid. To make your claim stronger, I recommend you release an advertisement in the regional language & English newspaper through your local Advocate mentioning the details of the property (land Survey No(s)., Hissa No(s)., Area(s) of Plot(s)., and Address(es) of plots giving a month's notice to ascertain and confirm that there are no other claimants to the intestate land title other than those mentioned in the advertisement. Thereafter, approach the Land Registrar for recording the partition with the Affidavit and the Advocate's NO THIRD PARTY CLAIMANTS Certificate.
Regards,
FCA Prashant Chavan
Mumbai
(You can also mail me for any further on-line advice at [email protected])
No. You need a letters of Administration from the court......Please check Sanjay Kalra and Associates on the internet to know more about your query and the legal services we are rendering for our clients from all over the World.
If it is HUF property all the members can jointly make a Deed of Partition and register the same. If it is not HUF property, but belonging to a common ancestor then you can jointly appoint an arbitrator, and ask him to issue order of arbitration by consent of all parties; and register the same.
Mr dilp its better to make the patition throuh court... even you can have family partiton .... for details contact me at [email protected]
with regards
uttam
A duly registered partition deed is proper option for effecting partition.