We are six brothers and our mother is no more. We have a property in her name and the patta has been transferred to us. We plan to construct six flats. Kindly advise if a partition deed is necessary. If not, is a Memorandum Of Understanding (MoU) sufficient?
Among us six siblings, two want to transfer their share to their children, take a loan and join the construction process with the remaining four brothers.
Sundar Raj
KK Nagar, Chennai
On the demise of your mother and in the absence of any Will, the six sons would have inherited the property in equal shares (one-sixth undivided share each). If the flats proposed to be constructed are going to be of equal size, no partition or any other document would be necessary. Two of the owners can execute deeds of settlement in favour of any of their children. Separate construction agreements for each flat have to be entered into with the builder and the same have to be duly registered. In this document, the undivided share of land, particulars of the flat (size, location, etc) and details of amenities (such as car parking slots) have to be mentioned.
I reside in an apartment complex at Kochi, Kerala, that comprises 60 units. Less than 15 owners stay in the building and the rest are NRIs who have rented out their apartments. Recently, the committee decided to seek approval from the owners who attend meetings for an additional car parking space in our premises. Decisions are usually taken on the basis of majority. My queries are:
- Can an owner’s association get such projects approved where common funds are utilised?
- Are their powers restricted to maintenance of existing facilities?
- For such investments, shouldn’t the approval of all owners be mandatory?
- If 15 people attend a meeting, they get approvals from 8 to 9 people and the rest need to contribute funds as well.
Sudeep John
Kochi
If your association is duly registered and bye-laws are in place, the members can take decisions in the general body within the framework of the bye-laws. The provisions in the bye-laws relating to quorum, ordinary vis-à-vis special resolution, mode of approvals for capital expenses etc., have to be looked into for ascertaining whether the association is correct or not in dealing with such matters.
