Right To Thanrsfer an Immoval Property
Patanjali Narayan Dixit
(Querist) 28 July 2010
This query is : Resolved
The person RAM was the legal owner of a plot of land having the documents registered in his name. After his death this son BALRAM has inherited the aforesaid property.
Balram has 3 sons - MOHAN, SOHAN and ROHAN. Now Balram has devided the property among his three sons but the partition has been done orally and not by executing any instrument in his sons' favour. BALRAM is still alive.
The issue is that MOHAN has sold some part of the land (which was given to him by his father orally) to MAHESH and his father has signed as a witness in the sale deed.
Further, SOHAN is also trying to sell some part of the land (which has fallen in his part) to RAMESH in the same way as Mohan did.
Now I have following questions:
1). Whether the oral pertition amounts to acquisition of title of ownership by the sons of BALRAM without any documents registered in their name regarding the title of ownership after partition of the property?
2). Is the mehtod by which MOHAN has sold his part of the land (by making his father as witness to the contract) to MAHESH is legally valid?
3). If the answer to question 2 is "No" then please suggest the actions RAMESH may ask SOHAN to perform before he transfers the property to RAMESH so that the transfer to RAMESH is legally valid without any potential legal obstacles which may arise if the transfer is done in the way as MOHAN did.
Wating for for valuable inputs/solutions/suggestions.
Thanks and Regards,
Patanjali
adv. rajeev ( rajoo )
(Expert) 28 July 2010
Oral partition is invalid, but partition is effected. the conduct of the parties shows that there is partition, which is still intact and no body is challenged> In such circumstances the sale by Mohan is valid. At most right pre-emption benefit can be taken by the Ramesh.
s.subramanian
(Expert) 28 July 2010
Oral partition is recognised in law. The fact that some of the sharers have attested the sale deed confirms such oral partition.
Y V Vishweshwar Rao
(Expert) 28 July 2010
Ramesh may insist for a Regd Sale deed from Blaram, Mohan , Sohan , Rohan , and the others to join as nominal Vendors confirming the oral partition and sohan actual ownership and sohan is the actual Vendor and others are the parties to join as vendros to convey proper title with out going in to the merits of the oral partition. Thereby Ramesh will get clear title from all the parties interested in the property and with out any legal obstacles
sanjeev murthy desai
(Expert) 28 July 2010
1). Whether the oral pertition amounts to acquisition of title of ownership by the sons of BALRAM without any documents registered in their name regarding the title of ownership after partition of the property?
Ans: Indian courts recongnised theoral partition in several rulings/ judgments
2). Is the mehtod by which MOHAN has sold his part of the land (by making his father as witness to the contract) to MAHESH is legally valid?
Ans: Yes it is valid, After the partition of that property, allotte may done whatever he want and it is considered as absolute property of him.
3). If the answer to question 2 is "No" then please suggest the actions RAMESH may ask SOHAN to perform before he transfers the property to RAMESH so that the transfer to RAMESH is legally valid without any potential legal obstacles which may arise if the transfer is done in the way as MOHAN did.
Ans:It is advisbale to follow the opinion of my learned friend Mr. YVV Rao.
Chanchal Nag Chowdhury
(Expert) 29 July 2010
Since Balram inherited the property, the sons already had a right in the property.
A witness is not a party to the document . He is a mere witness to the execution of the document & not the contents.
The others may be made Confirming Parties to the document to be executed in favour of Ramesh.
Patanjali Narayan Dixit
(Querist) 30 July 2010
Hi All,
Thanks for your replies. But some of my doubts are still not cleared....
Please clarify the following points:
Mr. Rajeev said that Oral partition is invalid...whreas Mr. subramanian said that it is recognised by law.. whome I should consider as correct. If partition is effected and the transfer by mohan is valid but what if any of someone challenges this transfer in future???
As the property is not transfered in Sohan's favour by executing any instrument by his father (I think) his father is still the actual owner of the property.
If I am correct then can Ramesh ask Sohan to get the sale deed executed by his father??
Or what if he ask him to get a special power of attorney in his name from his father for transfer of a pericular piece of land??
Or can he ask Sohan to first get the land transfered from his father in sohan's name by executing a document in his favour and then sohan sall transfer it to ramesh???
In all three cases what will be the cost invloved for sohan??? And if these methods are correct which will shall be the best from the view of time and cost to sohan???
Wating for your suggestions.....
Thanks and Regards
Patanjali
