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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:- I had purchased a house in Basaveshwarnagar, which I had bequeathed to my only daughter. The will is registered. Unfortunately my daughter is suffering from serious heart problem and needs hospitalization and surgery. The doctor has informed that the entire process may cost two lakh and some additional amount for post operation treatment. I want to mortgage my house which is willed to my daughter and avail loan. Please advise whether it is possible?

Q:- Mr. and Mrs. Mallappa had made a Will before their demise stating that the property should not be sold to any third party and should be purchased by their children only. Now, I have entered into an agreement with one of the children of Late Shri Mallappa. Whether can I go ahead to purchase a property or withdraw from the agreement?

Q:- I own a property jointly with my sister which is acquired by both of us out of our own funds. I am aged and my sister is taking care of me as my children have abandoned me. Please inform how I can transfer my share in the property to my sister without much expenditure in my lifetime?

Q:- Whether Hindu Widow can alienate property through will to a particular son, which is acquired by her through her husband, out of other sons?

Q:- I am given to understand that my paternal uncle has bequeathed his house in Bangalore to me through a Will. But, my uncle has not confirmed this and the Will which is registered is kept in safe custody by my uncle. Though I have applied for a certified copy of the Will, the registrar refused to provide me a copy. Please inform how can I get a copy?