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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 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.

- by S. Sridhar, 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.

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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:- We are three brothers. The youngest one ran away at the young age of 15 and there was no news about him for the last 14 years. We filed a police complaint and made all enquiries through available channels. During this period our parents passed away and we got the properties divided between the two of us. Now the brother has come back and he is claiming his share. Is there any way to solve this unexpected problem?

Q:- My father owns a property in Bangalore. If consists of ground floor only, we are two brothers and one sister. Property in question stands in the name of my father, which is self acquired. I have been granted a home loan to construct the first floor, my sister and brother wants to construct the second floor. But my father has refused to give no objection letter or even cede our proportionate share in the property. Please advice how to overcome this problem.

Q:- Can I make a joint will with my wife?

Q:- I had signed as witness to a Will of my friend, who expired recently. His legal heirs have approached the court and I have been summoned as a witness. Really I do not know the contents of the Will, but has seen my friend affixing his signature. Please advise what is my role?

Q:- I had signed as witness to a will of my friend, who expired recently. His legal heirs have approached the court and I have been summoned as a witness. Really I do not know the contents of the will, but has seen my friend affixing his signature. Please advise what is my role?