LAW BOOK

HT Estates - - HTESTATES - Su­nil Tyagi

My brother and I had jointly pur­chased a property five years ago. My con­tri­bu­tion to­wards the con­sid­er­a­tion of the property was more than my brother. Now I wish to seek par­ti­tion of the property and would like to know how the ex­tent of our in­di­vid­ual share in the property will be de­ter­mined.

– Manav Me­hta In the event the sale deed of the said property does not spec­ify the ex­tent of share of owner, in­ter­est/ share of each owner will be equiv­a­lent to the ex­tent of his/her con­tri­bu­tion to­wards pur­chas­ing the im­move­able property. Since you have con­trib­uted more to­wards the property, your share will be pro­por­tion­ate to the con­tri­bu­tion made by you for pur­chas­ing the said property. The phys­i­cal bound­aries of my property fall un­der the ju­ris­dic­tion of two dis­tricts. As I am plan­ning to sell this property, which dis­trict should I reg­is­ter the sale deed?

– Gau­tam Bhan­dari Since your property falls un­der the ju­ris­dic­tion of more than one dis­trict, you may reg­is­ter the sale deed at the sub-regis­trar’s of­fice of ei­ther dis­trict. I am 80 years of age and have ex­e­cuted a will but have not yet reg­is­tered the same. I wish to know if reg­is­tra­tion of the will is com­pul­sory. I also wish to know if the will can be reg­is­tered af­ter my demise.

– Ra­jesh Ya­dav Reg­is­tra­tion of will is not com­pul­sory at present. Af­ter your death any per­son claim­ing to be ex­ecu­tor to your will or ben­e­fi­ciary to your will may present it to the regis­trar or sub­reg­is­trar for reg­is­tra­tion as per the pro­vi­sion of the Reg­is­tra­tion Act.

IS­TOCK

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