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by **cherry** » May 13th, 2010, 9:26 pm

In 1980, my father bought a residential plot in Bangalore along with his three sons and got the sale deed registered in our names. Subsequently, we built a house and the Khata is in my father's name. The costs of land and building were equally divided. My mother and sister have not invested and hence their names do not appear anywhere in the documents. Among us brothers, the eldest one lives in the US and does not intend returning to India. He has told my parents that we younger brothers could live in the house on a mutual and permanent basis. However, in the event of sale of this house in the future, he would like his share of sale proceeds. Since he is a NRI, what legal documents would we require? Is it necessary to demarcate the house between us younger brothers presently?

Your brother being a NRI does not require any specific document or permission to own his property. If the brothers have decided the respective individual areas in the building, all of them can execute a partition deed reflecting the respective areas. In the absence of any document reflecting the partition, all brothers are co-owners in the entire property and construction. In the partition deed all the family members could be made a party for better assurance.

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Co-owners and partition deed >>

Co-owners and partition deed

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