Partition
Umesh
(Querist) 07 November 2013
This query is : Resolved
Dear Experts,
Two persons A and B purchased a plot measuring 400 Sq. yards in the year 2008 through registered sale deed. In the year 2013 A sold house built on land measuring 200 Sq. yards vide sale deed and it is mentioned in sale deed that by way of partition this specific share has come to her but there is nothing more mentioned in sale deed. B is not attesting witness of this sale deed. Whether this sale deed is legally valid?
Advocate M.Bhadra
(Expert) 07 November 2013
Section 7 of the Transfer of Property Act, 1882 provides that every person competent to contract i.e. a major and of sound mind or is not disqualified by law for contracting. Therefore even the interest of a co-owner or co-sharer can be sold, mortgaged, leased to another co-sharer or to a stranger. The fact that the partition has not taken place by metes and bounds , does not stand in the way of the interest of a co-owner.
No question of any of the owner oppose this decision as the legal right of the other owner of the said property cannot be denied.
R.K Nanda
(Expert) 07 November 2013
nothing to add more.
