Get the amalgamation of the land shown in the sale deed in favour of you and your brother in the jurisdictional Panchayat Office. By doing this, you and your brother would be co-owners for the building which has only one number.
Transferring ownership of building
My father and his brother had a piece of land measuring 22 square meters, with a building (shop) covering the entire property, consisting of two rooms. Both of them transferred this property to me and my brother through a sale deed, giving us 11 square meters each, along with the building, assuming that there were two separate building numbers for each room. We both paid the taxes for the land. However, when we went to change the ownership of the building, we discovered that according to the Panchayat records, there is only one building number for the entire building, not two separate numbers for each room. I asked the respective authority to assign another number for my room, but they said it is not possible since the building has only one number. Now we are facing an issue regarding the change of ownership of the building. My question is: is there any way to get the ownership of the building on a co-ownership basis? Kindly advise me.
Asked 2 months ago in Property Law
Religion: Hindu
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10 Answers
Dear Client,
co-ownership is recognized when two or more persons hold the title to a property together. Since you and your brother hold the sale deed for the land and building, you are effectively co-owners of the property. You can apply to the local authority (Panchayat) to recognize and register your co-ownership of the building. Draft a joint ownership declaration agreement with your brother. This agreement should clearly state that both of you are co-owners of the entire building and the land, specifying the division of 11 square meters each. This document can be notarized to add legal weight. File a joint application for the mutation of property records with the Panchayat office. If the local authorities insist on a single building number and refuse to issue separate numbers, you can still proceed with a partition deed. If you still face resistance from the local authority, you may need to approach the civil court. File a suit for partition and declaration of co-ownership. Seek legal advice from a property lawyer who can guide you through drafting the joint ownership declaration, partition deed, and filing for mutation or a suit for partition. Should you require any further clarification, please do not hesitate to contact us.
You can be both co owners of building
sale deed has transferred ownership of land together with building in your name
carry out mutation of property in your names in revenue records
Thanks for all your responses. To clarify the previous question, I have to add some more details to the previous query. The correct building number in the Panchayat records is KP 17/244. My father and his brother mistakenly believed that there were two building numbers and made two sale deeds: one sale deed for my brother, mentioning 11 square meters of land with building number 17/244, and another sale deed for me, mentioning 11 square meters of land with a building number 17/255. We both paid the taxes for the land seperatly.The problem arose when we approached the Panchayat authorities for the change of ownership. Is there any legal way to get separate building numbers for each room? If not, what is the process for establishing co-ownership of the building?
Asked 1 month ago
sale deeds should be cancelled by mutual consent
fresh sale deed be executed for 22 square metres of land with building bearing no 17/244 in joint manes of you and your brother
Get a Rectification Deed done for 11 Square meters of land with a building number 17/255 which has been mentioned wrongly in your sale deed to rectified number KP 17/244. Let this Rectification Deed be registered in the jurisdictional Sub Registrar's Office. Submit this Rectification Deed to the jurisdictional Panchayat Office for establishing co-ownership of the property and based on this mutation be arranged to be made in the revenue records.
The property was no doubt sold to yor names but the problem is that they were not divided between your father and his brother and they sold it as single unit to both of you, therefore you both are co-owners or joint owners of the single proeprty.
Hence now you may get it mutated on joint names and later on you both can decide to partition the same and reduce the same in writing by executing a registered partition deed which will solve the problem
It was a blunder mistake done by your father by not scrutinizing the records properly and got them registered in two sale deeds with two different numbers.
However you may get it mutated on joint names and later on you both can decide to partition the same and reduce the same in writing by executing a registered partition deed which will solve the problem
File a suit for division of property in equal share between two owners by court appointed commissioner claiming dispute as the proper division of property. A decree will be passed, submitting the decree if division of property to municipal authority, seek separate numbers 17/244 and 17/244A. Separate numbers will be allotted divided properties.
Dear Client,
You and your brother need to execute rectification deeds to correct the building number in both sale deeds to KP 17/244. This ensures that the sale deeds accurately reflect the existing property records. You can request the Panchayat authorities for a sub-division of the building. This involves formally applying to the local authority to divide the single building into two separate units, each with its own number. If sub-division and obtaining separate building numbers are not feasible, you can establish co-ownership of the building by Preparing and registering a partition deed to formalize the division of the property between you and your brother. Once the partition is done, file a mutation application to update the property records to reflect ownership details. Should you require any further clarification, please do not hesitate to contact us.
- Since, the said property was not partitioned between your father and his brother , then the number of the land will be the same , and the Panchayat is right to reject in giving separate numbers
- Further, as you both are legal owner of the said property jointly , then you can enter into a registered partition deed for dividing the property in the respective names, after giving the details of site plan and numbers
- Further, you can apply for mutation in the respective separate names with the property numbers given in the partition deed.
