Make a proper and water tight agreement cum settlement deed signed by all four sons and also get the same registered.
Transfer of share of property from deceased father to four sons
My respected father passed away 13 years back and left a Registered WILL in respect of his self acquired property, a single storey house built in the year 1973. When the house was constructed, only single storey was allowed to be built in Faridabad (Haryana State) and the WILL made by my Father stated equal distribution of single storey house to two of his sons and the Terrace rights given to the remaining two sons. The Building Regulations in Haryana have now changed and Four Floors can now be built. We, four brothers have verbally mutually agreed to demolish the house and build four separate Floors, each Floor to be individually owned by each Brother. Please advise legal procedure as to how to transfer the property of my deceased father to Four Sons so that each brother becomes the Legal Owner of each individual Floor. Thanks and Regards DK Sharma Email: [deleted]
Asked 3 days ago in Property Law
Religion: Hindu
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9 Answers
Apply for mutation of property in name of the legal heirs on basis of father will
enclose father’s death certificate, and latest receipt of payment of property taxes
3) redevelopment can be done of the property and deed of family settlement entered into for division of property by metes and bounds
1. Let all the brothers execute a Family Settlement Deed, incorporating that the existing building will be demolished and four floors be built, after demolition. Each floor will be independent in the name of each brother.
2. After the construction of entire building is completed, all the four brothers can execute a registered Partition Deed, corresponding to each floor by the brothers, in the jurisdictional Sub Registrar's Office.
A family settlement agreement can be entered among all four about demolition and reconstruction of the same on the terms that the costs and other issues are sorted out accordingly or equally among all the four and the agreement may be executed by a registered document to make it legally enforceable with penalty conditions for breach or violations accordingly.
You can get the agreement drafted by an experienced lawyer in the local and proceed
- As beneficiaries of the will are in agreement, draft an agreement among for construction of four storied structure on the existing site.
- Prepare a layout for four storied residential/commercial building and obtain sanction from municipal corporation by submitting registered will, probate of will is not required in Haryana.
- Incorporate terms of division of each floor as per the agreed terms.
- After completion of building and grant of oc/cc execute a partition deed among four brothers and get it registered.
- You the brothers can registered a Family settlement deed after giving the details of property share and the details of the earlier will
- Further , on the ground of the said family settlement deed , you can apply for mutation of the property in the respective names.
You can execute a registered partition deed mutually and distribute the same
Dear client,
Please find the below documents necessary for partition of the property.
1. Family settlement deed- the document stating consent to demolition of your one storey building, along with the necessary details of the land must be stated and the decision to build a dour storey house must be stated and signed by all 4 brothers stating who gets which floor, the distribution of cost of construction and many other details necessary and witness and registered.
2. Partition deed- partition of the property must divided among the brothers and registered. The partition deed must contain details of
3. Building Plan Approval- an approval to demolish the existing house must be seeked through the municipality, new sanction should be received for the 4 storey house plan.
4. Sale Deed- A sale deed must be executed for each brother, stating the measurement, dimensions of the house, facilities provided, fixtures if any, amenities, leisure to use space and any other condition has to be mentioned.
5. Mutation deed- An application stating the partition, sale and other details for government record.
6. Encumbrance certificate- apply for an encumbrance certificate to acknowledge there are no debts, unpaid dues or legal disputes on the property.
In such matters of property division, ensuring a legally sound and amicable transfer is crucial to avoid future disputes. By executing a well-drafted family settlement agreement and following the due legal process—partition deed, registration, and mutation—you can secure clear ownership rights for each brother. Given the complexities of property laws and municipal regulations, seeking guidance from a qualified property lawyer will not only ensure compliance but also provide peace of mind for all parties involved. A structured and transparent approach will safeguard your family’s interests and prevent any legal hurdles in the future.
Execute a deed of family settlement between the four brothers and get the same registered.
The division of the property has to be clearly outlined in the deed of family settlement, which can be drafted by any experienced lawyer.
registration of the same would be mandatory. Probate of will would not be required.
