Family partition
Ramesh
(Querist) 27 April 2012
This query is : Resolved
Sir,
1.My sister got married on may 1st 1993, at the time of marriage movables and two sites were given to her though the sale consideration is paid by my father the sites got registered in her name as a purchaser.
Now my father expired and we are planning to partition the properties among my mother and two sons.
My query is is my sister is required as a party for partition?
2. If my sister's consent is required , shall we convey /transfer her some of the properties by releasing and reslinquisthing all her right, title, interest or claim over the remaining properties by executing a Deed of release / relinquishmentin our favor?
MohammedRaffiq Bijapur
(Expert) 27 April 2012
Yes u can do so. But it can also be done in the suit and get compromise which would be more better.
prabhakar singh
(Expert) 29 April 2012
kindly revisit YOUR EARLIER THREAD WHERE ANSWER IN DETAIL HAS BEEN PROVIDED BY ME.
DO NOT OPEN THREADS UPON THREADS.
DESPITE THE FACT THAT YOUR SISTER WAS GIVEN PROPERTIES IN HER NAME BOUGHT BY YOUR FATHER SHE HAS INHERITED OTHER PROPERTIES OF YOUR FATHER ON HIS DEATH AS HE DIED INSTATE,EQUALLY ALONG WITH HER MOTHER AND BROTHERS AND UNLESS SHE WILLINGLY RELINQUISHES HER SHARE BY A REGISTERED DEED,SHE IS ENTITLED TO EQUAL SHARE.AS YOUR MOTHER IS ALSO EXPIRED EACH OF YOU HAVE 1/3
SHARE.
SHE IS A NECESSARY PARTY TO ANY PARTITION.
SHE CAN RELINQUISH HER SHARE BY A REGISTERED RELINQUISHMENT DEED.
