cpc

Regarding property sale

This query is : Resolved 
 

(Querist)
19 September 2020

My father in law expired 4 years ago, And his property transferred to my mother in law wife and sister in law , they want to sell his property but in the partition deed mentioned that property can be sold between relatives only and cannot be sold outsiders my father in law brother objecting to sell the property as deed Mentioned sale will done between relatives only and he is not giving NOC We want to sell the property How we can process /breach this deed to sell our property in legal way is there any possibility


Dr J C VashistaOnline (Expert)
20 September 2020

Show the partition deed to a local lawyer as such condition is illegal and invalid.

Shilesh PatelOnline (Expert)
20 September 2020

agree with the above expert the condition is invalid, in the above facts, all are free to sell their portion of property.

VISHAL (Querist)
20 September 2020

since this ancestral property but my father in law and his brother did this partition deed

VISHAL (Querist)
20 September 2020

we consulted the lawyers some are giving opinion that gift deed/release deed so that this condition will invalid some of them saying not possible

VISHAL (Querist)
20 September 2020

and the partition deed is registered we consulted local lawyer they said you have to go legal way to sale the property

Rajendra K Goyal Online (Expert)
20 September 2020

Ancestral property was partitioned between your Father in Law and his brother.

After such a partition, your father in law became owner of the property which would be treated as his self-acquired property.

Whether the term of selling to relatives was agreed at this stage?

If so, full language of the partitioned deed need to be referred.

After father in law property is inherited by his legal heirs.

Broadly they have right to sell the property. Not bound by such terms. No NOC from brother of FIL required.

Shilesh PatelOnline (Expert)
20 September 2020

well explained by Expert Rajendra goyal sir.

Rajendra K Goyal Online (Expert)
21 September 2020

Expert Shailesh Patel, thanks for agreeing.

P. Venu Online (Expert)
03 October 2020

Is the law as to pre-emption in force in your State? Even if so, the brother of the father-in-law is bound to purchase the property at market rate.



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