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How the registration of partition deed is done
20-Jul-2023 (In Property Law)
My father are 5 brothers. There is one property in the name of the elder brother in West Bengal. The elder brother have died 4 years back. All our families have been staying in this house property since it was purchased. Now since the elder brother was unmarried and have no other successor or dependant, we want to get this house property divided among the surviving 4 brothers. 1. What is the step by step legal way? 2. Will it call for Legal heir certificate or succession certificate or Legal administration certificate. ? Who will give this certificate? 3. How can we do the registration of the partition deed? 4.How can we get separate holding no.?
Dear querist,
They way I see it if all the remaining 4 brother agree than there can be an ambicable settlement(Deed of settlement) or else you have to file a partition suit. Which in my opinion is tedious... once who will get what is ambicablly settled between the brothers we can go for registration in registry office with the settlement deed... after that all the brother will apply for certified copy of deed and got to the municipality/corporation office and will get separate holiding ... if you feel like you can contact us through lawrato we will be like arbitrator in you case and after the settlement till you get your holding no. My men will do all the other things..
Regards
They way I see it if all the remaining 4 brother agree than there can be an ambicable settlement(Deed of settlement) or else you have to file a partition suit. Which in my opinion is tedious... once who will get what is ambicablly settled between the brothers we can go for registration in registry office with the settlement deed... after that all the brother will apply for certified copy of deed and got to the municipality/corporation office and will get separate holiding ... if you feel like you can contact us through lawrato we will be like arbitrator in you case and after the settlement till you get your holding no. My men will do all the other things..
Regards
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Adv. Rahul Uday Singh
Kolkata | 200+ Answers
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the process is very lengthy to be explained here in this platform. For any further guidance you may contact me by getting my phone number from LawRato or any other property attorney of your choice.
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Adv. Robert D Rozario
Mumbai | 100+ Answers
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Dear Client,
as per the details given by you my legal suggestion would be that if your elder brother has died unmarried then the property according to law of succession devolves upon his four brother and they inherit his estate and you can do the partition of the said property by way of a registered partition deed and for that you dont need any succession certificate or other stuffs but during mutation of the said property separately in four brothers will take place then the municipality may ask as because of their limited knowledge of law but the municipality can do the mutation on the basis of the death certificate of your elder brother and registered deed of partition at best they can ask a registered declaration for you people stating the above facts.
as per the details given by you my legal suggestion would be that if your elder brother has died unmarried then the property according to law of succession devolves upon his four brother and they inherit his estate and you can do the partition of the said property by way of a registered partition deed and for that you dont need any succession certificate or other stuffs but during mutation of the said property separately in four brothers will take place then the municipality may ask as because of their limited knowledge of law but the municipality can do the mutation on the basis of the death certificate of your elder brother and registered deed of partition at best they can ask a registered declaration for you people stating the above facts.
Helpful?
Adv. Vikram Ojha
Kolkata | 200+ Answers
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