Validity of the partition of unregistered property in mother's name
21-Oct-2023 (In Property Law)
My mother has unregistered structured residential building allotted by housing society to its members but not yet registered in the name of my mother. My mother died in 1994, we are 3 brothers, now we would like to make partition among 3 of us. 1) Is it required to get registered the said house from housing society? or 2) Can we make partition among 3 of us irrespective of registration from housing society?, is it partition deed valid?
Any immovable property above the value of Rs.100/- shall be registered compulsorily. So the building has to be registered in your name jointly as legal heirs of your mother (if you 3 brothers are the only legal heirs) as per due procedure laid down by Housing Society. Only then you can make physical partition by metes and bounds of the building amongst yourselves . First you have get title only then you can have legal ownership when it comes to third parties. You can pass title to others only when you have a title document.
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