Partition deed, distribution of undivided property inherited
Distribution document
Suppose after the death of your parents, you siblings want to share their inheritance among themselves. Usually in our country in such cases the partners enjoy the property by sharing through verbal agreement. But in the future, there is a risk of serious complications among the heirs regarding the possession, sale or transfer of this property. In that case, the distribution of documents plays an important role in resolving such complications.
In today's video I will discuss with you, what is a partition or distribution document? How to distribute this, how much money is spent on preparing this document, how much is the registration fee, etc. about all the details.
In order to facilitate the usurpation of undivided property inherited, jointly owned property, jointly purchased property of the joint family, a deed of distribution is prepared for distribution among the partners.
Section 2 (15) of the Stamp Act of 1899 defines a deed of distribution as: "A deed of distribution means a document by which the co-owners of a property take or agree to take a certain property into private ownership".
In the case of inherited family property, all the heirs can share their share.
It can be divided into two ways-
1. Through the courts
2. By local means or by parties
The legal basis for local or family distribution is not strong, so the complexity is greatly reduced if the inheritance property is distributed through the courts. For this, the shareholders have to go to court with all the heirs of the property, which is called partition suit in English. However, if the parties agree, they can distribute the shares by mutual consent, a document can be prepared by the author and the registration can be done by going to the registration office. In this case it is possible to avoid the hassle of the case, the cost will be saved and time will be saved.
Terms of distribution
First you have to mark the boundaries by measuring the land with a good surveyor
The partners should clearly state how much is allocated to whom and from which part
This division of property must be recognized and signed by each partner
All the issues that need to be mentioned in the distribution document
In the deed of distribution, how the ownership of the property is real, why it is being distributed, how it has been distributed, the list of partners, who will get which part, etc.
It is best to include in the deed who will have the original copy of the deed of distribution and who will present the original deed to the other partners if required. If you want, you can spend 50 to 100 Tk. for the stamp duty on the copy.
All parties must actively participate in the distribution document, and if there is a minor person, his or her legal guardian can participate.
How to sue the sharecroppers
First of all you have to go to a wise lawyer with all the documents related to the ownership of the property, such as ownership documents, inheritance certificate, land survey ledger, mutation ledger etc. to file a case. The court fee for this case is usually Tk.. In the case of partition, the land of each dag is usually divided among all the co-partners. In such cases, two decrees are issued twice, the first is called the initial decree and the latter is called the final decree. Distribution is ordered according to the share in the initial decree. And in the final decree, if necessary, the Amin Commission is sent and the property is seized on the spot and the final decree is issued by dividing (dividing the land) by boundary pillars. The court, if necessary, appoints law enforcement agencies and demarcates the boundaries of the property and arranges for the possession of the property by the decree recipient.
Registration of shared documents
Registration of deed of inheritance has been made compulsory since 2004. [This provision was added by amending Section 16 (1) of the Registration Act, 1908] {screen writing pop-up.
Prior to this, the registration of inherited property was at the discretion of the parties. In addition to making the registration of distribution documents mandatory, the government has fixed fees and stamp duty on these documents. Earlier, the registration fee of the deed of distribution was the same as that of the deed. The parties to the registration of the distribution deed did not want to register it as they had to pay such a high fee and stamp duty.
The cost of getting the document ready
[According to Article 45 of Schedule-1 of the Stamp Act of 1899] Stamps have to be added to the deed of distribution, the stamp duty value of the deed of distribution is presently only twenty Tk. [By order of His Excellency the President 142 of 1972] Affidavit has to be attached with the distribution letter. The stamp duty on the affidavit is Tk.. 50 and the registration fee on the affidavit is Tk.. 100. In addition, if the number of pages of a document is more, the fee may increase at the rate of twenty five Tk. per additional page.
Registration fee
The registration fee for the deed of allotment is as follows:
(A) If the value of the property is less than three lakh BDT. - the fee is 500 Tk.
(B) If the value of the property is between three lakh to ten lakh BDT. - 600 Tk.
(C) If the value of the property is between ten lakh to thirty lakh BDT. - 1200 Tk.
(D) If the value of the property is between three lakh to fifty lakh BDT. - 1800 Tk.
(E) If the value of the property is more than fifty lakhs, a fee has to be paid - 2000 Tk
No matter how the property is distributed, after the registration of the distribution deed, each owner has to register his property in his own name and pay the government rent including land development tax.
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