Sirs, Me, my mother and two sisters posess ancestral property got through a partition deed signed by our father(died in 2004) in 1951. The partition deed contains a clause that "since these adjacent plots are our residential places any deed on these plots shall be done only mutually and in the event of someone trying to sell his plot to strangers, the others and their successors will have right to nullify such deeds". The partition deed was signed by my father, his elder brother and a brother of my grandfather. Today when we wanted to sell our plot, we orally offered it to everyone of our family, keeping with the spirit of the clause in the partition deed. No takers were there. But when we tried selling it outside the family, one our relative threatens prospective buyers by showing this clause. His contention is that we cannot sell the plot to someone outside the family even if there are no takers within the family. The only option is for us is to stay in that plot or sell it to other family members at any price decided by them. If this is not acceptable the plot shall lay vacant eternally!
I got contradicting advice from local advocates. One says the clause is valid because it is only a partial restriction of the rights of alienation. The only way is a negotiated settlement because every family member is provided with a right to veto the sale by another! Another advocate says the clause is only a personal covenant based on vicinage. Since all three signatories of the partition died, they are no more residents of the plot and the argument of vicinage is lost. Moreover, the clause is practically an absolute bar on alienation which is against public policy. Both advocates showed me several judgments of various high courts, supreme court and privy council.
Would request everybody to advise me the latest legal position of this issue. Oneof my sister is badly in need of money and see how a mischievous member plays havoc when all others watch helplessly.. Mohandas
