It is very much possible to divide 440 square feet in four parts and construct the on buildup area allotted. But with respect second son how can there will be built up area of 550 in area allotted of 440. Please clarify.
Can an undivided share of land with individual construction be partitioned and delineated
My grandmother has gifted 440 sqft of undivided share from a total property of 1760 sqft for her 3 sons and one daughter which includes individual non-delineated building. The schedule of property as follows: SON 1: 440 Sqft of undivided land out of 1760 sqft of whole property with a buildup area of 315Sqft in ground floor. SON2: 440 Sqft of undivided land out of 1760 sqft of whole property with a buildup area of 550 Sqft in first floor. Son3: 440 Sqft of undivided land out of 1760 sqft of whole property with a buildup area of 335 Sqft in ground floor. daughter: 440 Sqft of undivided land out of 1760 sqft of whole property with a buildup area of 366 Sqft in ground floor. Since it is not mentioned the exact location of build-up area off each individual, is it possible to partition the whole land measuring 1765 sqft and delineate 440sqft of land and individual build-up area for each of these shareowners?
Asked 3 years ago in Property Law
Religion: Hindu
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7 Answers
If the property is a vacant plot, such a delineation is possible by metes and bounds. In your case, as a building stands over the land, it is neither possible nor practical, unless the entire superstructure is knocked down. All co-owners shall continue to be entitled only to their respective undivided shares. The case is similar to flat-owners in a multi-storey apartment complex.
- Since your grandmother has gifted the said property to you three , then each will have their respective share in the property as mentioned in the gift deed .
- Further, as the said gift deed not having demarcation of the land , then you three can execute a Partition deed after mentioning the portion of the land in details , and accordingly each will have ownership equally as given in the gift deed.
- Further, you three can apply for mutation of their respective share independently after submitting the copy of the gift deed and the partition deed .
Yes it can be partitioned as above
This is a settlement made by the donor in favor of the donees/beneficiaries without any demarcation.
However the beneficiaries can divide the proeprty as per their proportionate share by drawing a partition deed with proper demarcation as per their schedule of property and get the deed registered, which would solve the issue.
Deed of family settlement can be entered into among the 3 sons and daughter for division of land and built up area among the owners
Dear clients,
A partition deed for a property is executed to divide the property among different people - usually among the family members.
A partition is a division of a property held jointly by several persons, so that each person gets a share and becomes the owner of the share allotted to him.
It is done by dividing the property according to the shares to which each of the parties is entitled to in law as applicable to them.
