Possibility of exchange of land with structure in PARTITION DEED
21-Sep-2023 (In Property Law)
I am describing in a simplified way.
There are 20 decimal land and 400 sq. Ft structure (room) in the name of "X" and X have a REGISTERED DEED IN HIS NAME.
Now, X died leaving a son "Y" and daughter "Z".
Each of Y & Z is recorded owner of 10 decimal land (as in govt record or ROR i.e. Record Of Right). Y and Z have no DEED in their name.
As per mutual settlement between Y & Z , structure exists in Y's area. Y will give 1 decimal of land from his share to Z and so, Z will leave her claim of house (which falls in Y's area).
MY QUESTION, DOES THIS EXCHANGE (of land with structure) POSSIBLE IN PARTITION DEED OR THEY SHOULD DO A GIFT/SALE DEED FOR THE 1 DECIMAL LAND SEPARATELY ???? Or, WHICH IS WILL BE THE BEST AS PER YOUR SUGGESTION?
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