We are three brothers and we have inherited the ancestral property situated in Chamrajpet, Bangalore. The original property was owned by my grandfather, which was, partitioned between his two sons, one being my father. The Partition Deed is registered. On the death of my father we three brothers, orally partitioned the partition. The portion deed is not in writing and not registered. But all the three have separate khatas and properties are assessed separately. Is it necessary to have the Partition Deed registered? We three brothers are in good terms with each other.
- by S. Muralidhar, Bangalore
The documents like Khata certificate and tax paid receipts do not establish any title to the property, they are only secondary documents. It is also always better to be practical, notwithstanding the good relation among your brothers. A Partition Deed may be prepared detailing the share of your properties and get it registered. This will give you proper and legally valid title and avoid any disputes in future, while selling the property or further portioning among your children.
The stamp duty is Rs. 1000/ per share and the registration fee is Rs. 500/-. This procedure need not spoil the prevailing harmonious relation among brothers.