Blog

Family disputes, especially those involving divorce or separation, can be emotionally draining and legally complex. One of the most critical aspects of such disputes is the division of assets and liabilities. This is where the concept of equitable distribution comes into play. But what exactly does equitable distribution mean, and how does it work? In this blog, we’ll break it down in simple terms, helping you understand how fairness is achieved in family matter disputes.

People Also Read - Joint Property After Divorce: A Complete Guide for Indian Couples

What is Equitable Distribution?

Equitable distribution is a legal principle used to divide property and assets fairly between spouses during a divorce or separation. The key word here is “equitable,” which means fair and just, but not necessarily equal. Unlike an equal split, where everything is divided 50-50, equitable distribution considers various factors to ensure a fair outcome based on the unique circumstances of each case.

This principle is widely used in many countries, including India, to resolve disputes over property, finances, and other assets when a marriage ends. The goal is to ensure that both parties walk away with a fair share, considering their contributions, needs, and future circumstances.

How Does Equitable Distribution Work?

Equitable distribution involves a step-by-step process to divide marital assets and liabilities. Here’s how it typically works:

1. Identifying Marital vs. Separate Property

The first step is to categorize the property involved. There are two main types:

• Marital Property: This includes assets and debts acquired during the marriage. Examples include the family home, joint bank accounts, and shared investments.

• Separate Property: This refers to assets owned by one spouse before the marriage or acquired individually during the marriage (e.g., gifts or inheritances). Separate property is usually not subject to division.

You May Also Read - Property Rights of a Child after their parent's divorce

2. Valuing the Assets

Once the marital property is identified, the next step is to determine its value. This may involve appraisals for real estate, valuations for businesses, or assessments of financial accounts.

3. Considering Factors for Fair Division

The court or mediators consider several factors to decide what constitutes a fair distribution. These factors may include:

1. The length of the marriage.

2. The income and earning potential of each spouse.

3. Contributions made by each spouse (financial and non-financial, such as homemaking or childcare).

4. The age and health of each spouse.

5. Future financial needs, especially if one spouse is the primary caregiver for children.

4. Dividing the Assets

Based on the above factors, the court or mediators decide how to divide the marital property. This could mean splitting assets equally, or one spouse may receive a larger share depending on the circumstances.

Why is Equitable Distribution Important?

Equitable distribution plays a crucial role in ensuring fairness in family disputes. Here’s why it matters:

1. Recognizes Contributions Beyond Finances

Not all contributions to a marriage are financial. For example, a spouse who stays home to care for children or manage the household contributes significantly to the family’s well-being. Equitable distribution acknowledges these non-financial contributions and ensures they are valued.

2. Addresses Imbalances

In many cases, one spouse may earn significantly more than the other or have greater financial resources. Equitable distribution helps address these imbalances, ensuring that the less financially secure spouse is not left at a disadvantage.

3. Promotes Amicable Resolutions

By focusing on fairness rather than strict equality, equitable distribution encourages couples to resolve disputes amicably. This can reduce conflict and make the process less stressful for everyone involved.

Examples of Equitable Distribution in Action

Let’s look at a couple of examples to understand how equitable distribution works in real-life scenarios:

Example 1: The Homemaker Spouse

Rita and Raj have been married for 15 years. Rita worked as a teacher, while Raj stayed home to care for their children. During the divorce, the court awarded Rita a larger share of the marital home and savings. This decision recognized Raj’s non-financial contributions to the family and ensured he had financial security post-divorce.

Example 2: The High-Earning Spouse

Anita and Arjun are getting divorced after 10 years of marriage. Arjun is a high-earning corporate executive, while Anita runs a small business with modest earnings. The court awarded Anita a larger share of their joint investments to help her maintain her standard of living and support her business.

Challenges in Equitable Distribution

While equitable distribution aims to be fair, it’s not without its challenges:

• Subjectivity: What one person considers fair may not seem fair to another.

• Complexity: Valuing assets like businesses or investments can be complicated and time-consuming.

• Emotional Factors: Divorce is an emotional process, and feelings of resentment or anger can complicate negotiations.

To overcome these challenges, it’s essential to work with experienced legal professionals who can guide you through the process and advocate for your best interests.

Tips for Navigating Equitable Distribution

If you’re going through a divorce or separation, here are some tips to help you navigate equitable distribution:

1. Be Transparent

Honesty is key. Disclose all assets and liabilities to ensure a fair division.

2. Seek Professional Help

Work with a lawyer or mediator who specializes in family law. They can help you understand your rights and negotiate a fair settlement.

People Also Read - The Role of a Family Dispute Lawyer in Protecting Your Rights During Divorce

3. Focus on the Big Picture

While it’s natural to feel attached to certain assets, try to focus on what’s best for your long-term financial stability.

4. Keep Emotions in Check

Divorce is emotional, but letting emotions drive decisions can lead to unfair outcomes. Stay calm and rational during negotiations.

You May Also Read - Understanding the Legal Rights of Women in Divorce Cases in India

Conclusion: Fairness for a Better Future

Equitable distribution is more than just a legal principle—it’s a way to ensure fairness and justice in family matter disputes. By considering the unique circumstances of each case, it helps create outcomes that are fair, balanced, and respectful of both parties’ contributions.

If you’re facing a divorce or separation, understanding equitable distribution can empower you to make informed decisions and secure a better future for yourself and your family. Remember, fairness is not about winning or losing; it’s about finding a resolution that works for everyone involved.

1. Access the Portal: Visit PM-UDAY Portal or go to the DDA website and click on the PM-UDAY Cell Tab.

2. Register: Click on the ‘Registration’ button and fill out the registration form with the following details:

   1. Applicant details

   2. Property details

   3. Email ID

   4. Mobile number (ensure it's active)

3. Submit the form and print the Acknowledgment Receipt.

4. Note down the Registration Number for future reference.

5. Check GIS agency details printed on the acknowledgment receipt.

📌 Note: You can also register using the PM-UDAY Mobile App, available on the Google Play Store. The app includes a UC Locator facility to check if your property falls within a UC boundary.

Step 2: Completing the Application Form (Part-1)

1. Login to the PM-UDAY Portal and click on ‘File Application’.

2. Fill out the PART-1 details, including:

   1. Colony details

   2. Property details

   3. Floor/Building details

   4. Land details

   5. Ownership details

   6. Declaration

3. Receive Case ID, which will be sent to your registered email and mobile number.

4. Download required formats such as Indemnity Bond-I, Indemnity Bond-II, and Self Declaration from the portal.

📌 Tip: You can use the PM-UDAY Mobile App to complete Part-1 of the application.

Step 3: GIS Survey

1. Contact any GIS agency listed in your Acknowledgment Receipt.

2. Request a GIS Survey and schedule a visit within 2-3 days.

3. The agency will take property measurements.

4. Make the necessary payment and obtain a receipt.

5. Receive GIS ID (normally within 7 days). If delayed, follow up with the agency.

Step 4: Notarizing Bonds and Self-Declaration

1. Visit a Notary Public.

2. Buy two Rs. 100/- stamp papers.

3. Fill in details for:

   1. Indemnity Bond-I

   2. Indemnity Bond-II

   3. Self-Declaration (on plain paper)

4. Sign and notarize the documents.

Step 5: Collecting Required Documents

Gather the following property-related documents:

• Registered Sale Deed/Gift Deed or latest General Power of Attorney, Agreement to Sell, Payment Receipt & Possession Proof

• Proof of construction before January 1, 2015 (if property is on government land)

• Electricity Bills

• Photograph of Property

• Applicant’s Photograph

• Signature on a Blank Paper

• PAN Card & Aadhaar Card

• Document Chain (history of ownership transactions)

📌 Tip: On a plain sheet, prepare a chain of transactions for your property, as this will be required in Part-2 of the application.

Step 6: Uploading Documents on PM-UDAY Portal

1. Scan all documents from Steps 4 and 5 into separate PDF files.

2. Login to the PM-UDAY Portal and click ‘File Application’.

3. Open Part-2 of the application, fill in the chain of transactions, and upload required documents.

4. Click Submit to complete Part-2.

📌 Note: If needed, visit a Common Service Centre (CSC) or DDA empaneled Documentation Agency for assistance with scanning and uploading documents.

Step 7: Uploading GIS ID

1. Login to the PM-UDAY Portal.

2. Open Part-3 of the application.

3. Enter your GIS ID (received from the GIS agency).

4. Click Submit.

Once you complete this step, your application is submitted to the DDA Processing Center. You can check the Application Status online.

Step 8: DDA Field Survey

1. DDA survey officials will visit your property for verification.

2. Be ready with construction proof documents.

3. Survey officials will take statements from two neighbors or an RWA member confirming your possession.

4. No charges are required for the DDA Field Survey.

Step 9: Addressing Deficiencies in Application

1. If deficiencies are found, you will receive an Online Deficiency Memo (DM) via SMS and email.

2. Login to the PM-UDAY Portal and check the Deficiency Memo section.

3. Submit online replies and upload additional documents if required.

4. Resubmit the corrected application.

Step 10: Final Decision by DDA

1. DDA officials will review your application.

2. Approval or Rejection status will be updated on the portal.

3. If approved, payment details will be displayed.

Step 11: Payment of Charges

1. You will receive a Payment Reference Number via SMS/email.

2. Login to the PM-UDAY Portal and click ‘Make Payment’.

3. Complete the online payment process.

Step 12: Providing Witness Details

1. Login to the PM-UDAY Portal and enter witness details.

2. Upload notarized Affidavit (format available on the portal).

3. Book a time slot for the execution of Conveyance Deed (CD) or Authorization Slip (AS).

Step 13: Execution of CD/AS

1. Visit the DDA Processing Center with your original documents and witnesses.

2. Final verification of documents will be done.

3. The Authorization Slip or Conveyance Deed will be executed.

Step 14: Registration of CD/AS

1. Purchase e-Stamp Papers of the requisite amount from an authorized bank.

2. Schedule an appointment with the Sub-Registrar via the DORIS Application.

3. Visit the Sub-Registrar’s office with your documents and witnesses for final registration of CD/AS.

Conclusion

Following these steps carefully ensures a seamless application process under PM-UDAY. By registering and obtaining legal ownership, residents of unauthorized colonies in Delhi can secure their property rights effectively. If you encounter difficulties, utilize the Common Service Centres (CSC) or DDA empaneled Documentation Agencies for assistance.

For real-time updates, keep checking the PM-UDAY Portal and respond promptly to any deficiencies. By completing all steps diligently, you can obtain your Conveyance Deed or Authorization Slip without hassle.

Residents of unauthorised colonies can apply for property ownership under PM-UDAY through the following steps:

1. Online Application: Visit the official PM-UDAY portal and fill out the property ownership application form.

2. Document Submission: Submit the required documents, including proof of residence, property details, and identity verification.

3. Verification Process: Attend the nearest single-window camp for on-the-spot verification by DDA officials.

4. Issuance of Conveyance Deed: Upon approval, applicants receive conveyance deeds or authorisation slips, legalising their property ownership.

5. Property Registration: Sub-registrars present at the camps facilitate immediate property registration, granting final ownership rights.

Challenges Faced and the Way Forward

Despite its success, PM-UDAY has encountered several challenges:

• Complex Documentation Requirements: Many residents lack the necessary documents, leading to delays.

• Limited Awareness: Some residents remain unaware of the scheme’s benefits and application procedures.

• Infrastructure and Accessibility Issues: Not all unauthorised colonies have easy access to these camps, affecting participation rates.

To address these issues, authorities plan to:

1. Increase awareness campaigns through community outreach programs.

2. Simplify documentation requirements to accommodate a larger number of applicants.

3. Expand the number of processing centres to ensure broader accessibility.

Conclusion

The extension of PM-UDAY’s single-window camps till March 2025 is a significant move to ensure more residents of Delhi’s unauthorised colonies obtain legal property ownership. With streamlined processes, on-the-spot approvals, and property registration facilities, the initiative continues to transform lives by offering security, stability, and improved public utility access. Residents are encouraged to take advantage of this extended window to secure their property rights and build a legally recognised future for themselves and their families.

People Also Read - DDA Extends PM-UDAY Single-Window Camps Till March 2025: Key Updates

Objectives of PM-UDAY Yojana

The primary objectives of the PM-UDAY Scheme include:

• Granting ownership/mortgage/transfer rights to residents of unauthorised colonies.

• Facilitating development and redevelopment of these colonies.

• Providing access to bank loans and legal property transactions.

• Enhancing urban infrastructure and basic amenities for the beneficiaries.

Key Benefits of PM-UDAY Yojana

Residents of unauthorised colonies in Delhi can benefit from the scheme in multiple ways:

• Legal ownership: Residents receive official property ownership rights.

• Access to bank loans: Property owners can avail loans from financial institutions.

• Improved infrastructure: Regularisation promotes civic amenities and services.

• Legal property transactions: Owners can buy, sell, or transfer properties legally.

• Building plan approvals: Property owners can apply for construction and renovation approvals.

List of Unauthorised Colonies Under PM-UDAY

Before applying, residents must verify if their property falls under an unauthorised colony covered by the scheme. To check:

1. Visit the PM-UDAY website: https://dda.gov.in/pm-uday

2. Click on 'List of Colonies'.

3. Use the UC Locator feature in the PM-UDAY App.

This step ensures eligibility before proceeding with the registration process.

PM-UDAY Yojana 2025: Registration Process

Residents can register for the scheme online through the official PM-UDAY portal.

Steps to Register

1. Visit the PM-UDAY portal: https://pmuday.ncog.gov.in/login

2. Click on ‘Registration’ and fill in the required applicant and property details.

3. Generate and print the registration and GIS survey details.

4. Verify details via OTP authentication.

Documents Required for PM-UDAY Yojana

Applicants must upload the following documents during registration:

• Property Documents (Registered Sale Deed, Power of Attorney, Agreement to Sell, Payment Receipt, Possession Proof)

• Construction Proof (if on government land) before January 1, 2015

• Electricity Bills

• Applicant's Photograph

• Signature of Applicant(s) on blank paper

• PAN Card

• Aadhaar Card

• Document Chain (Proof of ownership history)

PM-UDAY Yojana: Application Process

Once registered, applicants must file an application for property regularisation.

Steps to Apply

1. Log in to the PM-UDAY portal and click on 'File Application'.

2. Fill Part-1 details:

   1. Colony details

   2. Property information

   3. Floor/building details

   4. Land ownership details

3. Generate Case ID (sent via email/SMS).

4. Download and fill Indemnity Bonds & Self-Declaration Forms.

5. Notarise Documents and upload them to the portal.

6. Make Payment as per property size.

7. Visit a Processing Centre for document verification.

8. Obtain e-stamp papers and complete the final conveyance deed registration.

PM-UDAY Registration Fees

For vacant plots, charges are based on property size and circle rate.

PM-UDAY Grievance Redressal Mechanism

Residents facing issues can file grievances online:

Steps to File a Grievance

1. Visit the PM-UDAY Grievance Portal.

2. Click on 'New User' and select ‘PM-UDAY’.

3. Fill in the grievance form and submit.

The complaint status can be tracked through the same portal.

Conclusion

The PM-UDAY Yojana 2025 continues to empower residents of unauthorised colonies in Delhi by granting property ownership rights, facilitating infrastructure development, and ensuring financial inclusion. The extension of PM-UDAY camps until March 2025 reflects the government's commitment to ensuring smooth and efficient property regularisation for residents.

If you are a resident of an unauthorised colony in Delhi, register today to secure legal ownership and enjoy the full benefits of the scheme.

For more details, visit PM-UDAY Official Portal