Registration of immovable property must for official, marketable title

Basis the partition deed or a family arrangement deed, the property can be mutated in your and your sister’s names. Photo: iStock

My elder sister and I are the one two surviving authorised heirs of our father, who had handed away in 1973. We’re cultivating our father’s share in some land in farming in our ancestral village in Punjab. The mutations are nonetheless persevering with contained in the joint names of our father and his brothers.

As we are actually senior residents we now have to consolidating these landholdings. My sister has two sons and I’ve two sons. She will not must have any share transferred in her title, nonetheless want to reward the equal to me or to my sons. How should I proceed to build up mutations in our names? Will or not you will need to first change the property in our names and thereafter further apply for change of her share to me or my sons?

–Decide withheld

We perceive that mutation information pertaining to the talked about property continues to doc the joint names of your father and his brothers. The mutation of immovable property information with the municipal authorities is just for property tax evaluation options, and it doesn’t confer any title to the immovable property. With a view to have a official and marketable title over immovable property, one should have a registered title deed in his/her title. Subsequently, it’ll possible be crucial that you just simply merely search the advice of a counsel to get a partition deed or a household affiliation deed drawn up between your father’s brothers or their authorised heirs along with you and your sister and get the equal registered with the sub-registrar of properties.

Foundation the partition deed or a household affiliation deed, the property could also be mutated in your and your sister’s names. Thereafter, your sister can change her share over the property to you or your sons’ by means of a registered change deed or a present deed. Subsequently, the talked about transferred portion could also be mutated in your and your sons’ names, because of the case could also be.

Observe that stamp accountability on a partition deed/household affiliation deed is payable at 2% on the circle value value of an vital share out of the partitioned property. 1% on the circle value value of an vital share out of the partitioned property shall be the registration price payable on such deed.

Rishabh Shroff is accomplice, Cyril Amarchand Mangaldas. Queries and views at

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