Plot - I am buying a plot in West Bengal Plot - I am buying a plot in West Bengal

1 month ago

I am buying a plot in West Bengal. It is divided into two brothers inherited from father but there is no demarcation in the property on which side belongs to which brother. The company is selling the property by taking attorney from both the brother's. Now my question is in the Deed should I mention both the brother's name or one brother name is fine.
2nd question is can I change the Plot number after doing registry or only the Khatain number will change?

Legal Counsel Vidhikarya

Responded 1 month ago

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A.Dear Client,
A partition deed is mostly used by families, to divide members' shares in inherited properties. After the division through the partition deed, each member becomes the independent owner of his share in the property and is legally free to sell, rent or gift his asset, according to his wishes. In the absence of division by metes and bounds no undivided interest can be given in possession to the stranger unless there is a decree of partition, or there is an arrangement already reached amongst the parties and which divides property by metes and bounds. In cases of inheritance, mutation helps in transferring the property to the legal heirs. It is a crucial step in succession planning to ensure a smooth transition of property rights within a family. In case, a partition is by mutual consent, a partition deed is executed by the co-owners. The partition deed is required to be registered at the office of the sub-registrar of the place where the property is situated. So, until and unless an inherited property is partitioned, demarcated or mutated in favour of the legal heirs following the standing procedures, buying of such land or property may potentially be a cause of dispute later on. Hopefully, your both the queries stand addressed. Reach out to an Advpcate experoemced in property laws for guidance and steps.
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Anik

Responded 1 month ago

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A.Dear Client,

Given the significant investment involved in purchasing property, it is strongly recommended that you seek the guidance and written opinion of a local property lawyer who is well-versed in the relevant laws and regulations. This will help ensure that you make informed decisions and navigate the complexities associated with real estate transactions.
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Kishan Dutt Kalaskar

Responded 1 month ago

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A.Dear sir
Since you are investing your hard earned money you have to take written opinion from local property lawyer who knows all the local laws.
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