sale before final partition decree
sheik
(Querist) 02 February 2009
This query is : Resolved
Dear Sir,
Can a property can be sold after obtaining preliminary decree. (before obtaining final decree of the partition suite).
History of the case.
Year 1967 Property owner dies leaving behind 4 sons and 3 daughters..
In 1970 one of the daughter file suite for partition.
In 1980 They get preliminary decree (which makes partition without physical allocation of share.
One of the son sold his share through registered sale deed without telling the Court and dies after that. His Legal heirs now approached the court and got final decree in year 2007 and sold the property to another person.
Now both parties are fighting for the property through court. Which of the document legally correct.
Thanks for the help.
Regards
Sheik
ARVIND JAIN
(Expert) 02 February 2009
IF NO STAY YOU CAN SELL UR UNSPECIFIED SHARE. IT MAY BE ADJUSTED IN FINAL SALE OR SHARE.
smilingadvocate
(Expert) 02 February 2009
Yes if the suit property is not divisiable for the purpose ofthe facility after obtaining the consent of all the parties the property wil be soldand the shares proceeds will be partitioned and final decree will be passed as per the same. if u sell as our friend advised your share the purchaser will enter into your shoes if you feel you dont want to sell the property you show to the court that it is divisiable as per the premliminary decree that too by metes and bounds and there also a option that any one of the sharer can purchase the property.
sheik
(Querist) 03 February 2009
Dear Sir,
The property was sold after the preliminary decree (Here the seller does not know in which servey no his share is and simply sells the approximate portion of the land to the external person. Sale deed does not tell about the final decree.)
And later the property was sold to my friend again by his legal heirs. (That is after getting the Final decree. Here court has allocated share in the presence of other parties by lottery pick.)
Now the question is which of these two cases, the court consider is valid in terms of legal aspect.
My friend's advocate says any thing which was sold before or after preliminary decree without impeding the parties in the final decree is going to be null and void.
Please help me.
Regards
Sheik
M. PIRAVI PERUMAL
(Expert) 04 February 2009
His/Her unspecified share in joint family property can be sold, unless he/she is restrained by a court order not to alienate.
