LAW BOOK

HT Estates - - HTESTATES - Su­nil Tyagi

My sib­lings and I had jointly in­her­ited our de­ceased mother’s prop­erty over two decades ago. All this while, I have been liv­ing abroad. Mean­while my sib­lings’ fam­i­lies have been us­ing and oc­cu­py­ing this prop­erty. I re­cently ap­proached them for sep­a­ra­tion of my share. How­ever, they did not agree to a par­ti­tion on the premise that, given the pas­sage of time from our mother’s demise, I had in essence aban­doned my share. Am I en­ti­tled to seek par­ti­tion?

—Akash Ke­dia The right to seek par­ti­tion of one’s joint and un­di­vided share in a joint prop­erty is a con­tin­u­ing right. As the re­main­ing joint own­ers have not agreed to a mu­tual and am­i­ca­ble par­ti­tion, you may file a civil suit for par­ti­tion of this prop­erty at any time, ir­re­spec­tive of the time pe­riod that has lapsed since your in­her­i­tance. I am the owner of a large res­i­den­tial plot in Delhi. Can I law­fully bi­fur­cate this plot and treat them as three equal and in­de­pen­dent plots?

—Suman Jain Un­der the Master Plan for Delhi 2021, it is not per­mis­si­ble to bi­fur­cate or sub-di­vide a res­i­den­tial plot into smaller in­de­pen­dent plots. How­ever, it is per­mis­si­ble to trans­fer an in­di­vid­ual share of free-

hold plot in favour of another. Over six months ago, I had en­tered into a lease deed for a term of five years. Due to var­i­ous un­avoid­able cir­cum­stances, the lessor and I were un­able to get this lease deed regis­tered. How should we pro­ceed?

— An­shu Sax­ena As per the In­dian Reg­is­tra­tion Act, 1908, a lease deed hav­ing l ease t er m ex­ceed­ing 11 months is re­quired to be com­pul­so­rily regis­tered within a pe­riod of f our months from the date of its ex­e­cu­tion. Nev­er­the­less, in ex­cep­tional cases where the de­lay was due to un­avoid­able cir­cum­stances, an ad­di­tional pe­riod (up to a max­i­mum of four months) may be granted by the regis­trar, on pay­ment of the pre­scribed fine and de­pend­ing on the facts and cir­cum­stances. You may file an ap­pli­ca­tion in this re­spect with the rel­e­vant sub-regis­trar’s of­fice within whose ju­ris­dic­tion this prop­erty is sit­u­ated. The au­thor is a se­nior part­ner at Zeus Law, a cor­po­rate com­mer­cial law firm. One of its ar­eas of spe­cial­i­sa­tions is real es­tate trans­ac­tional and lit­i­ga­tion work. If you have any queries, email us at ht­es­tates@hin­dus­tan­times.com or ht@zeus.firm.in

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