Partition Deed of House under LAL Lakir Or LAL Dora

This query is : Resolved 
 

(Querist)
09 December 2018

Our house is under Lal Lakir (Dora). My father (deceased) were 4 brothers and one sister. The whole house was parted in portions. But one of my uncle (Deceased) who never reside with us, his half share is taken by another uncle ( Alive) and transfred the share to his Son's name in 2008. According to him no mutual partition deed is written. Now my query is that
1) The property under Lal Lakir need the partition deed or not
2) If yes then how the property is transfered to his Son's name without the signatures of others

3) Now as in this property there is no share is kept for my Uncle and bua ji. What action we can take to cancel the sale deed.

This house was allowed to my grandpa after country partition .


Dr J C Vashista (Expert)
11 December 2018

Of course all the properties (whether in or out of lal dora) require to be partitioned and possessed by each individual as per his/ her share, and his/her LRs, if dead.
The sale deed is illegal and invalid, get it cancelled in the same suit.
Contact, consult and engage a local prudent lawyer for better appreciation of facts / documents, guidance and proceeding.

Pawan Kumar (Querist)
11 December 2018

Thanks Dr. jC Vashishta ji...I ahve already filed a suit in court for some share boundary reason and this thing also mentioned that the transfer deed is made by giving the wrong facts and in replication the advocate of opportunity has admitted that no partition deed is written.

I remember that in his transfer deed my uncle has written that after the agreeing of all brothers and sister of family he got his share and he is going to transfer the property at his son's name. So definitely some partition deed is written. I was small at that time and my father and my one other uncle (Raha ji) singed some paper in the court room in front of the judge. I am unable to find that. My elder uncle(Tata ji) and bua hi has not come to sign the paper as my Chacha ji was saying that he has not mentioned his name.
Now Pls guide me how I can get that paper to prove all this to cancelled the deed.

Pawan Kumar (Querist)
11 December 2018

Thanks Dr. jC Vashishta ji...I ahve already filed a suit in court for some share boundary reason and this thing also mentioned that the transfer deed is made by giving the wrong facts and in replication the advocate of opportunity has admitted that no partition deed is written.

I remember that in his transfer deed my uncle has written that after the agreeing of all brothers and sister of family he got his share and he is going to transfer the property at his son's name. So definitely some partition deed is written. I was small at that time and my father and my one other uncle (Raha ji) singed some paper in the court room in front of the judge. I am unable to find that. My elder uncle(Tata ji) and bua hi has not come to sign the paper as my Chacha ji was saying that he has not mentioned his name.
Now Pls guide me how I can get that paper to prove all this to cancelled the deed.

Pawan Kumar (Querist)
11 December 2018

Thanks Dr. jC Vashishta ji...I ahve already filed a suit in court for some share boundary reason and this thing also mentioned that the transfer deed is made by giving the wrong facts and in replication the advocate of opportunity has admitted that no partition deed is written.

I remember that in his transfer deed my uncle has written that after the agreeing of all brothers and sister of family he got his share and he is going to transfer the property at his son's name. So definitely some partition deed is written. I was small at that time and my father and my one other uncle (Raha ji) singed some paper in the court room in front of the judge. I am unable to find that. My elder uncle(Tata ji) and bua hi has not come to sign the paper as my Chacha ji was saying that he has not mentioned his name.
Now Pls guide me how I can get that paper to prove all this to cancelled the deed.

Pawan Kumar (Querist)
11 December 2018

Thanks Dr. jC Vashishta ji...I ahve already filed a suit in court for some share boundary reason and this thing also mentioned that the transfer deed is made by giving the wrong facts and in replication the advocate of opportunity has admitted that no partition deed is written.

I remember that in his transfer deed my uncle has written that after the agreeing of all brothers and sister of family he got his share and he is going to transfer the property at his son's name. So definitely some partition deed is written. I was small at that time and my father and my one other uncle (Raha ji) singed some paper in the court room in front of the judge. I am unable to find that. My elder uncle(Tata ji) and bua hi has not come to sign the paper as my Chacha ji was saying that he has not mentioned his name.
Now Pls guide me how I can get that paper to prove all this to cancelled the deed.

Hemant Agarwal (Expert)
26 December 2018

1. Partition Order is required ONLY WHEN rights (any kind) of other mutual holders are affected, for their own share in the property Here apprehensively no rights are affected since the transfer has happened between mutual family members and not between any non-mutual holders (outsiders). Consider this before moving forward, "as far as Partition factor is concerned".

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com



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