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Madhu   11 March 2019

Partition

My mother wants to divide the ancestor property among me and my sister. The property originally belongs to my father's father. Can the partition deed be done with a clause of not to sell the property for specific number of years (say 50 years). This is a ancestral property right now in my mother's name. This property was purchased by my grandfather (father's father) and after my GF died, it was transferred to my father's name, after my father died, it got transferred to my mother's name. My mother does not want any share in the property. Can the partition deed can be done with clause of not sell for specific number of years?


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 5 Replies

Shashi Dhara   11 March 2019

No she cannot do it

Suhail suhail (LAWYER)     11 March 2019

Since the property is ancestral and not your mother's owned property she cannot bar the heirs to to sell or use the property. However for  the share of your mother from the property she can make will to that extent and condition the wonership with terms.

 

Madhu   11 March 2019

Then how to stop my sister selling the property. My mother intention is to give soley for the purpose of construction of house and living purpose

Suhail suhail (LAWYER)     11 March 2019

The property is in your mother's name, till she is alive she can retain it.

If your sister want to sell off her share either you buy it or let her to do what she want to do with her share.

If your mother don't want to give her the share from his own share of  property she can make will in your favour.

 

Madhu   12 March 2019

Thank you sir for your guidance.


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