I HAVE PURCHASED ONE LAND WITH MY BROTHER JOINTLY AND CONSTRUCTED ONE HOUSE JOINTLY BY LOAN AND SUBSEQUENTLY PAID THE LOAN. THE HOUSE IS HAVING A COMMON CENTER WALL JUST LIKE ONE HOUSE WITH TWO PORTIONS. WE HAVE PARTITIONED OUR LAND EACH OTHER MAKING OUR BOUNDARIES AND REGISTERED THE DOCUMENT. BUT THERE ISNO MENTIONABOUT THE HOUSE. BUT THE PROPERTY TAX IN MUNICIPALITY THE HOUSE IS IN MY NAME ON ONE PORTION AND THE OTHER IN MY BROTHER,S NAME HAVING DIFFERENT HOUSE NUMERS AS 235 AND 237. EXCEPT THAT I DONT HAVE ANY REGISTERED DOCUMENT TO SHOW THE OWNERSHIP OF HOUSE IN MY NAME. EVEN IT IS NOT INBROTHER,S NAME ALSO EXCEPT THE PROPERTY TAX ASSESSMENT. WE ARE PAYING SEPERATELY. IS IT NECESSARY TO REGISTER THE HOUSE IN MY AND BROTHERS, NAMES SEPERATELY TO CLAIM THE OWNERSHIP? more
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Shri Rakkappan. Dont be worried much. You both brothers position of holding property in joint name and contruction of house there on by availing loan is not a problem.You have got registered document.You have got separate municipal tax assessment with distintive house/door numbers with the partition made by yourselves. There is no need of any separate registration of partition. If you do so you have again incur avoidable expenses. Naturally one brother alone will posses the original deed and other will have only certified copy of the deed. As far as the deed in joint names the xerox copy of the document is enough to prove the title as decided by supreme court already. The worry of the other brother who is not having the original can be permanently solved by applying for separate patta from the Tahsiladar or settlement officer concerned. Such individual separate patta accompanied by utility bills like water ,electricity,telephone with tax receipt is very much enough to convey the good title in respective brother's name. more
Aug 14
In all probabilities and eventualities, advisable - to get it registered separately and Immediately i.e. As soon as possible. You are lucky enough that you are not faced any problem till date but may come in near futhre. Hence the advise. more
Aug 13
Why not consult a lawyer experienced in property matters. It's always better to get experts opinion in such issues as rules keep changing from time to time . more
Aug 13
