yashpal (pppppppppppppppppppp) 25 July 2010

can family settlement with eclusive possession be sold furth

Hi,

one of my clinet and his brother made a family settlement in 1981, it has been recorded on paper, some portion of property were allocated to my client and this portion was bigger in terms of its disadvantageous position. subsequently my client sold his 50% rights in the property with possession to this bigger portion to the third party. can he do so ?

Does a family settlement recorded in such manner with delivery of acual and exclusive possession tantamounts to deemed partition ? if yes then please tell me latest case law ?

if comfortable then anybody can reply me on my email i.d antil.yashpal@gmail.com

Thanks & Regards,

Yashpal.

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2 Replies

adv. rajeev ( rajoo ) (practicing advocate) 25 July 2010

Once partition always partition. According to you there is partition and and it was effected. As such the act of the brothers amounts to partition.

niranjan (civil practice) 25 July 2010

Family settlement need registration.If it is not registered and if other sharers object,the unregd.partition would not give saleable title.If there is no other sharer except the brothers between whom partition has taken place,other brother cannot take objection to sale.