My father purchased a plot of land in 1994 and my mother purchased the plot adjacent to it in the same year. My father then constructed a house on his plot. In 2014, the two plots were amalgamated by virtue of an amalgamation deed as a small portion of the house encroached into my mother's plot. The amalgamation deed mentions my parents as the co-owners of the joined plots. There is also a site plan attached to the deed that shows both the plots as one single plot. Both the plots now have a single holding number. However, no mutation was done after the amalgamation. Till date, only the mutation done in individual names at the time of registration exists. My father has passed away recently leaving me, my brother and mother as the only surviving legal heirs. Please correct me if I wrong...my mother now owns 2/3rd share of the combined plot while me & my brother have 1/6th share each. Does the house also have similar ownership pattern? My mother has decided to sell a portion of the plot that is lying vacant. This portion of land amounts to 35% of the combined plot. We will retain the remaining 65% on which the house rests. Can she sell off from her share independently without our involvement? What will be her share in the land and the house after she has sold off her share? Please help me get a clear picture of the situation. Thanks.
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Your father 50 per cent share in amalgamated plots would devolve on your mother ,you and your brother equally
2) you and your brother have one sixth share each in amalgamated plots
3) mutation has to be done in name of legal heirs then only your mother can sell 35 per cent share in plots
- As per law, after the death of your father intestate , his property would be devolved upon your mother , and you both equally.
- Further, as the two plots amalgamated as one , but the ownership of plots will decide the shares
- Since, your father was having 50 percent ownership , then after his death his 50 per cent share will be devolved upon your mother and you both equally.
- Further, she can sell her share as per her wish being her self acquired property
Firstly the property now is on the joint names even though your mother is a joint holder.
Your deceased father's share devolves equally on all his legal heirs equally.
After amalgamation your mother's share in the property is undivided and unidentified, hence she first has to identify her share by proper demarcation which can be possible only after a family partition deed executed jointly by all of you amicably.
Once her share in the property has been identified she can very well sell her share of property independently.
Dear sir,
Your mother can sell the share she owns from the joint property and the legal heirs don't have a say on that.
After selling her property, your mother will be entitled to 1/3rd of your father's property.
Thank you
..
Thanks for all the answers. It has cleared up a few things. I still have a few doubts which I need clarified. We had a discussion in the family last night. Since we want to sell 1440 sqft of land to a buyer, we decided that two of us siblings will sell off our share entirely which amounts to roughly 1320 sqft in total (660 sqft each) and mother will sell off 120 sqft from her 2645 sqft share. This will allow us to sell off 1440 sqft area in total to a buyer. 1) Is this possible without executing any partition deed? 2) Is unregistered partition deed written on stamp paper and signed by all three of us, valid for this purpose? 3) Will this make my mother the exclusive owner of the remaining land which amounts to 2525 sqft and the house which rests on it? 4) We have the Succession Certificate to prove that we are the legal heirs. Is mutation of the plot necessary before making the sale? 5) Do we have to invest the entire proceeds from our share in another property or Capital Gains Bond after the sale is complete to get exemption from Capital Gains tax?
Deed of partition should be executed for division of property by metes and bounds
then sell your share in land
un registered partition deed is in admissible in evidence
mutation of property is necessary
you have to invest sale proceeds on another property or invest in bonds
1. It will not be legally valid to sell your share of property without identifying the same ou of the total property and for identifying individual a proper partition or family arrangement deed should be executed by a registered deed.
2. Unregistered partition deed is not valid in the eyes of law.
3. No definite opinion can be given until a proper partition is effected among the shareholders.
4. Succession certificate is not the partition deed.
5. You may have to follow the rules in this regard as per law.
1. An oral partition can also taken place , but it is suggested to execute a written partition deed.
- Further in the absence of any written partition deed, you cannot sell your share
2. A partition deed should be registered for removing any future hurdle
3. In the absence of a partition deed /family settlement , none will have a better share of the property
4. Succession certificate is not like a legal heir certificate , and also not will define the property
5. Yes
1. Then house was constructed before the plots were amalgamated.
2. She can sell of the land falling in to her share.
3. She can not sell of her share of the dwelling house wherein all of you are residing without offering to sell the same at the price which she is getting from a third party. This is called pre-emption.
4. You can mutually register a partition deed or she or any of you can file a partition deed for diving the demarcating the property by metes and bounds by the Commissioner to be appointed by the Court.
You can directly sell your share without partition deed.
Unregistered partition deed is not valid.
If she has self acquired share then she will be owner of the said share
No need of mutation for sale
Yes you need to invest the proceeds for which you need capital gains tax exemption
dear sir,
1. without partition deed, you cannot sell your share
2. unregistered partition is not valid.
3. unless there is a legally registered partition deed, your mother will not become the exclusive owner
4.Succession certificate doesn't prove legal kinship and partition is necessary before making the sale
5. yes for availing tax exemption, u need to invest the proceeds.
Thank you