Oral partition to family out sider!
Querist :
Anonymous
(Querist) 29 September 2010
This query is : Resolved
Dear Experts of the Forum,
Can an,Un-Registered oral partition gives any title for an out sider of the Family; even if the property owner Mr.R, declares that he sold the lay outed plots to Mr. X, Y, Z... etc and handed over the plots/s physical position (without any Registered sale deed). And in turn Mr. X,Y,Z ... sells these plots to Mr,A,B,C... etc through Registered sale deed! Will the above dealing, right in the view of the LAW? or Can it be challenged as the illegal transaction; by any family member of Mr.R.
Kindly elucidate me the deal validity in the view of LAW.
with regards,
Thanking you ALL in advance.
Rajeev kulshreshtha
(Expert) 29 September 2010
Partition can be done only in family members and this dealing is not good in the eye of law.
Kirti Kar Tripathi
(Expert) 29 September 2010
even though the oral partition is valid under the law but no outsider can be included in the joint property, however, after partition, the members of family have right to sell their share to any one even to an outsider.
niranjan
(Expert) 29 September 2010
Any unregd.partition would not give title to any sharer. To acquire title in the property by partition, the oral partition require tobe reduced in writing and stamp duty paid.If oral partition is executed and mutated in respective names,then there may not be problem for sale of particular share.According to me oral partition is used for enjoyment of the property seperately,but otherwise it remains joint.
Querist :
Anonymous
(Querist) 03 October 2010
Dear Friends,
I thank you ALL for the solution shown to me.
