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I need legal advice regarding a family-owned property in Madhya Pradesh, which consists of: the ground floor owned by my father, the first floor owned by my late Tauji (father's brother), and now in the name of his two sons and mother. The common area and terrace are equally divided. We wish to divide the property vertically so that we can sell our portions separately. My key questions are: 1) Since the original deed divided the property by floors, can we now execute a Partition Deed to legally split the land? 2) Would an Exchange Deed be a better option, and if so, how would the common areas (such as shared walls or access points) be handled? 3) Are Chacha and Bhatije considered blood relatives? 4) What approvals or formalities are required for the vertical division of the land? 5) Lastly, we require assistance in drafting and registering the necessary legal documents. Looking forward to expert guidance. Thanks in advance!
Sir, to divide the property vertically, a Partition Deed is the best option. This deed will legally divide the property and outline ownership of the portions, including common areas. An Exchange Deed could be considered, but it’s less common for vertical division. Ensure mutual consent from all owners, conduct a property survey, and check local regulations. Consult a property lawyer to draft and register the necessary legal documents for a smooth process. For further legal assistance contact us on our helpline number.