Legal Question in Real Estate Law in India

Hello Sir, Myself and my 4 brothers are jointly owning the ancestral house bought by our father. Now we are re contructing the whole house and having 4 floors wherein 3 brothers will take the full floors and 2 brother will share one floor i.e front side of that floor by one brother and back side by another brother. The 3 brothers who will be owning the full house will pay all the construction cost. Now we want to do the registry of each floor in each individual's name so that each brother can take decision to stay/ sell/ let the floor on which the ownership is resting with him. Please advise the process we need to adopt so that all brothers do have the original registered papers of their respective floor. Is Partition deed applicable or Requishment deed? do we need to pay stamp duty?


Asked on 2/07/13, 6:41 am

5 Answers from Attorneys
Rajiv Chandhok Ph: +919810050896 https://www.linkedin.com/in/rajiv-chandok-0827b733/

Partition deed is applicabe, but you need to move the court for the partition only if there is any dispute ...if no dispute simple deed in 4 counterparts with complete site plan and all will have marketable documents. You all need to pay stamp duty individually for each portion.

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Answered on 2/07/13, 7:48 am
Sanjay Kalra Sanjay Kalra & Associates

First of all ,it is not an ancestral property as mentioned by you because it was purchased by your father, it becomes self acquired property for your father..The answer to questions are here in below :-

1) Partition Deed

2) Yes.

.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.

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Answered on 2/07/13, 10:46 pm
Shrichand Nahar S.V.Nahar, Advocate

Check local laws governing flats/apartments and act accordingly.

In Maharashtra, there is a law called Maharashtra Apartment Ownership Act, 1970 under which owners can execute a Declaration on nominal stamp duty and registration charges for identifying and occupying independent flats.

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Answered on 10/02/13, 1:43 am


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