Legal Question in Real Estate Law in India

undivided property

we are five sisters and father left us a property in kerala of about 7 cents. we would like to construct an apartment on this land.our mother is alive and she has no objection. how do we go about it.one among our sister is a civil engineer with her own establishment for construction.

1. Do we have to make a seperate deed dividing the property

2.can we give power of attorney to one of our sister for construction

3.we all have to depend on bank loans for construction


Asked on 3/31/09, 8:22 am

3 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: undivided property

1. You may enter into a "family settlement" about division of the property amongst yourselves; this agreement may not require registration.

2. Yes, you may give power of attorney to your engineer sister;

3. The bank may be happy to advance loan for construction if a proper proposal is submitted.

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Answered on 3/31/09, 11:26 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: undivided property

Hello.

Good Morning!

1. If you have mutual understanding amongst you and your sisters then you may enter in to family settlement and divide the property amongst yourselves. This may not require any kind of registration.

2. I would advise you to give the Power of Attorney to your sister as she would be technically sound as she is an engineer.

3. You have to seek Report on Title and make your names enter in the Revenue Records in connection to put up a proposal for getting loan benefits for the construction.

In case of need please contact personally alongwith the details.

OR

PLEASE MAIL IF IN CASE IF YOU HAVE FURTHER QUERY.

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Answered on 4/01/09, 12:02 am
Shrichand Nahar S.V.Nahar, Advocate

Re: undivided property

1. All the heirs of your father will be having equal shares. Find out whether 7 Cents area can divided. However, is you want to construct on entire area, no point in dividing.

2. Yes.

3. What is the query?

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Answered on 4/01/09, 5:13 am


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