Partition deed and sale deed
nagarajan
(Querist) 09 October 2010
This query is : Resolved
Ancestors property being shared by a Father and his two sons through registered partition deed and mutation also done, excluding the three daughters. One of the son sold his property. Now two sisters are making a partition suit for their share. Iam being the one of the son who sold the property and nothing in my hand. How to face this problem ? Am I take the 1/6th share and pay the balance to them trough court. Will the court accept the same or grab the lands which I have sold alreqady, please give the suggestions the best to do in my case.
R.Ramachandran
(Expert) 09 October 2010
To answer this query properly, you have to indicate (1) the location of the property and (2) In which year the partition was done.
ESTHERPRIYA
(Expert) 09 October 2010
You can sell only your share and the daughter also have equal share. The party who bought from you does not have seen the title check clearly. You father legal heirs all has to sign the partition deed or else should have signed in the sale effected by you. In such case the prayer of the daughters is to claim the property and to declare the sale deed void then in that angle you have to proceed. In spite of that you can go for settlement through advocate to settle the issue amicably by giving money and making good their losses. You need to decide based on the case filed by them.
R.Ranganathan
(Expert) 09 October 2010
You have not stated how this ancestral property was acquired by your father. If by way of Partition then, the same can become the absolute property of your father.
B K Raghavendra Rao
(Expert) 09 October 2010
If the judgement declares that the sisters are entitled to have equal share, then you need to pay the amount that fall to your share. Merely because you have sold your share of property and therefore you do not have property on hand does not absolve you of your liability to pay the share of your sisters.
nagarajan
(Querist) 11 October 2010
1976 Father received his share (property) from his father along with other two brothers through registered partition deed.
2000 Father has sold some property by registered sale deed with his two sons and without his three daughters.(all are majors)
2005 Father has sold some more property by registered sale deed with his two sons and without his three daughters.(all are majors)
2006 father has made registered partition deed among his two sons,mutation also done on their names independently
only three shares instead of six shares(excluded his daughters because he has paid a very good amount to them and not taken any no objection certificate from them and he has done on good faith)
2008 one of his son (I ) has sold his share by registered sale deed to X person.
2010 daughters -(sisters for me) demanding their shares by civil suit.
Shall I pay by taking 1/6th of the 2006- partition amount mentioned for me and the balance to them. is it ok, as i have sold my property two years back.
What will the court do. Either asking to pay their sahre as mentioned in the partitioned deed or sharing the lands. please let me know the possibilities,
Khaleel Ahmed
(Expert) 15 October 2010
Your sale transaction may be held null and void.
