Clarification regarding partition deed

705 votes

Sir, We around 135 people purchased a land altogether and merged the land with other owners of land and given for development to builder through JDA. In order to proceed with all necessary formalities we executed the special power of attonery. Now we got flats through lottery amongst all landowners and want to register in individuals name. Wether the partition deed for the title registration amongst us can be executed through special power of attorney. Wether we can sell such property to third parties in future. ANSWER You can go by release Deed not by partition. Here all you have individual right over your share in that property. Therefore you can release your share from joint ownership by executing the release deed with other owners. As you told both you(owners ) and Joint development holder have the rights over the property. The portion of share between owners and JDA holder will be reflected in the JDA Agreement. Out of the same in the Owners Portion you can seek for release of your share instead of Partition. Yes you can sell the property to third person only you will get absolute right over your respective shares.

Advocate M Lakshmikanth Arya LawRato

690 votes

You are hereby land Owners of the Property. The share all 135 people have got a Land Owner share. Nothing is necessary since you are already owners of the individual flats(Got your share by lottery). You can proceed with the sale of such flats in your share to the Buyers but in the Sale deed, you need to mention respective names of Owners who are selling their share. The point here is that you don't need to transfer the property in your name and then sell to another Buyer. This is because your is rights have already been determined by the JDA which is a registered document.

Advocate Jamal Sait LawRato