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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.

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These are all the legal questions answered by Advocate S.Selvakumar in various magazines, in various occasion including realestate reporter monthly.

QUESTIONS

Q:- My father had inherited some ancestral properties from his father.  He has sold one such immovable property when I was minor and utilized the sale proceeds for his visit to USA.  The said sale was done when I was five years old.  Now I have competed 18 years on 15.6.2008. I am the only son to my father.  I want to assert my claim over this ancestral property.  Please advise me suitably.

Q:- I have a self-acquired property. By a Will I bequeathed the property to my son and registered the Will. Thereafter, I changed my mind and bequeathed the property to my daughter through another Will, which is not registered. Is this valid?

Q:- My husband died leaving behind him, my child and me. I depend on the income from my husband’s property. Now, my mother-in-law is asking for a share in the property. She has other income. Is she entitled to a share in my husband's property?

Q:- 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 broth¬ers, orally partitioned the parti¬tion. 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 broth¬ers are in good terms with each other.

Q:- I have converted from Hinduism to Christianity. Will change of religion affect my succession to the property of my Hindu parents?