(Guest)

Can partition deed with money transactionbe considered sale?

In a Partition Deed regarding a large House Property of the decesed Father, One Brother and One Sister are the benificieries. While it is mentioned in the deed, that Sister has cleared the Loan on the house property and hence 1/4th of the property is being registered in the Sisters name and remaining 3/4th of the property has been registered in the brothers name.

The Sister was a housewife with no independent income, and the loan was actually cleared by her Husband, and the Husband till date maintains proof of the same. Now the sister is decesed and has 4 children, and her share of property is to be devolved upon all 5 of her survivors.

But as per the recent Delhi High Court ruling on property in the name of wife bought from Husband's Money. Can her Husband claim the Ownership and rights of the property as he has cleared the loan on the property and maintains proof regaring the same?

Can the clause stated that Sister has cleared the Loan on the House property be taken as transaction by sale?

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7 Replies

Shashi Dhara 24 December 2019

Deaceased daughters four children's. Consent is necessary.

G.L.N. Prasad (Retired employee.) 24 December 2019

The hypothetical question as no one objected during her lifetime, and all other legal heirs have equal share generally. If it is challenged, then there may be a dispute and depends on the facts and circumstances of the case. Your brother in law might file a declaration suit to declare the share in his name and again there may be many contentions against him as consideration is not the alone criterion for getting deceased father's share and eligibility/capacity to get that share is primary importance.

(Guest)

Sir, Above answers are ambiguous. Please provide me with clear understanding as what will be considered by courts generally.

The Husband has cleared the loan on the property with his income and hence forth only the property is registered to sisters name as per the wish of the dead father and surving mother and all of this is mentioned in the deed of partition, but the document heading is deed of partition. Husband has proof of clearing loan from his income. The property of sister's share is valued Rs.25,000/- mentioned in the Deed, is same as the loan amount that the Husband has cleared.

I do understand that deed of partition has no prequists except being legal heirs. But since all the above is mentioned can it be proven to be a transaction by sale to the Husband instead of partition of ancestral property?

G.L.N. Prasad (Retired employee.) 25 December 2019

Latest query: 'I do understand that deed of partition has no prequists except being legal heirs. But since all the above is mentioned can it be proven to be a transaction by sale to the Husband instead of a partition of ancestral property?

Simple reply: No...Never..(He may at the most claim a share from his wife and not with others as his name was not mentioned in partition deed and as he is not legal heir, and at the most, he has cleared the loan in the interest of his wife as dutiful husband that wishes to protect the interest of his wife in property.)

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Dr J C Vashista (Advocate) 26 December 2019

Show the relevant documents/ records to a local prudent lawyer for better analyses, professional advise and proceeding, if there is some truth in the story.

Shashi Dhara 26 December 2019

Husband can claim ownership but we cannot tell he wins the case,because he has to prove how it is binding to him in concerned law .

T. Kalaiselvan, Advocate (Advocate) 27 December 2019

Don't get confused by misunderstanding the referred law of Delhi high court.

The circumstances of that case is different to that of the one present here.

As per law, the property left behind by the women, who is reported to have died intestate, shall devolve equally on all her legal heirs, therefore her children are also entitled to an equal share in the said share of her property.

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