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sohan (Advocate)     21 June 2014

Partition deed (one signatory absent)

I bought a propety some time back by way of a sale deed. The person who sold the property to me got it by virtue of a family partition deed dated Feb 1994. There were 6 parties to the said partition deed. However one party who was aged 80 that time did not endorse his signature due to his non availability and the partition deed was registered. However two properties were set apart for him (the person whose signature was absent) in the partition deed. Later this person acknowledged the partition deed by virtue of an undertaking signed by him and given to the other parties. This undertaking is not registered. This person who has not signed the partition deed and later on signed an undertaking died. He has neither married nor does he have children. His legal heirs are the other signatories of the partition deed.

Will this become a problem if I want to sell this property which I bought from the person who sold to me. None of these persons who were singatories to that partition deed is contactable nor their whereabouts known so as to make them apply a legal heirship certificate of the person who did not endorse his signature in the partition deed.

thanks sohan



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 2 Replies

akmb (legal consultant)     21 June 2014

Let me know if the partition deed is s registered one?

sohan (Advocate)     23 June 2014

Yes Its registered in kerala


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