qQ1. Who is seller?
The seller is a stranger. There is no relationship between such seller and purchaser and the title ded was purported to be a partition deed.
Q2.How did he acquire the property?
The seller a 61 year old man acquired the property as an adopted son, and from the sale deed / partiion deed it appears that his ancestors had acquired the property from several persons by paying consideration to them, but the seller ( main Co sharer) has stated in sale deed/partition deed that his ancestors has acquired the property through purchases, but not paid consideration to the 1/20 (Rs.5,000) share of the maternal grandfather of the other co sharer. Now after attaining the majority, the second co sharer has asked him about his land, and as the main co sharer agreed with the second cosharer and partitioned this property alone and given the 1/20 part said to be belonging to the second co=sharer's late maternal grandfather, as consideration was not paid to his maternal grandfather, this 1/20 share in property was given as partition.
Before executing this sale deed/partition deed, he has registered a will stating 10 other properties and bequeated entire property shown in the sale to any maternity nursing home, in case his wife fails to adopt a son. After two years of such registration of the will, he has given the partition/sale deed as settlement of 1/20 share of one property, as consideration not paid by his unnamed ancestors for un known lands acquired by them through purchases.
Q 3: Is he the sole owner?
He is adopted son and as such he is the sole owner for this scheduled property and other properties.
Q 4 Who is buyer?
The buyer was not stated as buyer. The buyer is 18 years old and a complete stranger to the main co=sharer. The exact recital state that buyer/co-sharer 's maternal grand father's properties were obtained by ancestors of the sellers, and then consideration was then not paid to buyers maternal grand father. Now that the buyer has requested for his share, the seller has given him 1/20 share of land as partition deed (Sale deed)
Q 5. The said deed does not seem to be a partition deed. It might be a recital of something.
The exact recital as appearing was reproduced in the query. But as the title states that it is a partition deed from maternal grandfather's side, it is being claimed self acquired property of the minor co sharer. (But this sale deed is prior to 1956 wherein daughters are not having any right)
Q5 Is the document number of said paritition deed mentioned or attached?
The partition deed is itself a title deed. There is no mention of any acquired properties, there is no mention as to how that 1/20 share was arrived at. The only statement states that as consideration was not by the main sharer (seller) to maternal grandfather of the other co sharer (purchaser) the 1/20 share was partitioned and given as settlement.
The issue is not simple as it appears for the following reasons:
1.There is no relationship between the co-sharers.
2.The object of the partition is that consideration was not paid by seller's ancestors to the other co-sharer (Purchaser) maternal grandfather.
3.This statement of not paying consideration was discussed only in this partition deed and not in earlier registered will.
The thing to be decided is as to whether it is a partition deed or sale deed ?
If only the requisite/ essential conditions of a Hindu partition deed is defined or stated some where, then facts can be compared for arguing that it is not self acquired property of the purchaser, but the purchaser has purchased it in his name with his father's money. ( Purchaser has just attained majority, illiterate and never had any occupation in his life) Rs.5,000/- is quite a large sum in the year 1951 . The transaction is before enactment of Hindu Succession Act 1956.
