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Sudhakar Nakka   07 May 2021

Partition

Dear sir,
X has purchased property and given that property to both sons A And B with out any partition document and X has died before 1983

Now one of the grand son has taken that property by A and B with separate document
A document one with his all family members included and taken gift deed separately who is mr C

B document one with is family members included and taken gift deed seperately of same person. Who is Mr C Which was not done partition by A and B due to document was before 1983.
Pls clarify is it valid document


Learning

 16 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     07 May 2021

Hello,

A and B and their family members can transfer the property by separate document even when there is no partition. It all depends on the document and its terms and condition. Consult with an expert local advocate. 

Sankaranarayanan (Advocate)     07 May 2021

Legal heirs are entitle to share the properties among them

Sudhakar Nakka   07 May 2021

X Document 1947 is directly transferred with gift deed to C who is grand grand son by including all family members from A and B separately from A one document and from B one document separately , there is no document between X (father) and A and B (sons) because he died and death is also not available due to it is long long back 1950 year and same transferred to C grand grand son with A and B no partition 

 

There is only one document transaction between X and C pls clarify

 

 

 

 

Dr J C Vashista (Advocate)     08 May 2021

Confusing facts.

It is better to consult and engage a local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     08 May 2021

The facts are very confusing and not following a timeline. Post the details clearly and cogently which others can understand.

Sudhakar Nakka   08 May 2021

X orally divided the shares and he died in 1950

2 sons A and B which was orally divided shares transferred to grand son by gift deed including family members Of(  A) with one document which was orally shared to (A) and another (B)shared orally divided  with one document transferred by GIft deed to grand son included B family members is it valid

G.L.N. Prasad (Retired employee.)     08 May 2021

Hindu partition depends on several facts of possession, enjoyment and treatment and it is absolutely impossible to guide basing on one side story.   As advised, only a local advocate can offer and guidance looking into documented facts and possession records.

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     08 May 2021

In your clarification, you are mentioning "orally" several times. What exactly that orally means.

 

Originally X whose property it was orally only shared it between his Sons A and B. Now A and B together gave the property to Grandson through a Gift Deed. It is better all legal heirs to X sign such Gift Deed including other grand children if any and any other possible claimants.  Please contact a local Lawyer for assistance in drafting the Gift Deed based on the original documents etc and get the same Registered duly signed by all legal heirs/claimants.

Sudhakar Nakka   08 May 2021

X has been died with out dividing the property to his sons since 1950 and death certificate will not come. As per Hinduism property belongs to both sons A and B 

Orally means with X Document directly transferred to grand grand son  by gift deed by A and B with understandings and involved in gift deed with (A)separate involving (A) family members  and B with another gift deed by involving (B) family members

 

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     08 May 2021

Better a Partition Deed is written, where all other heirs including A and B and their other children sign relinquishing the right on the property and naming entire property to go to the Grandson to whom it is intended by everybody and get the same registered.  You may seek a local reliable and capable Lawyer to get the matter done including the Registration.

Sudhakar Nakka   08 May 2021

Here with out doing partition from X (A) property share with all family members transferred with Gift Deed and same registered and the same (B) property share with all family members transferred with Gift Deed and same got registered Now Grand son having registered gift deed two documents which is registered by A and B, Now Grand son sold that property to me and same got registered, is it valid or not ....

Will I get loan from bank to construct house pls suggust

G.L.N. Prasad (Retired employee.)     08 May 2021

After two pages of replies from experts, you are for the first time coming out with the facts that you are a purchaser of that property, and after purchasing the same you are asking opinion as to whether Bank can advance against the security of that property!!!!.  A duly registered sale deed can not be canceled unless it is through the process of the court.   The bank gets a clear opinion from their standing counsel after verification of all such mutation, possession, and link documents and members are not having the opportunity/access  of looking into such link document, original title deed , encumbrance certificate, valuation, tax paid receipts to give a legally valid opinion that suits any bank.

Sudhakar Nakka   08 May 2021

Why because some lawyers said that we can purchase and some lawyers not giving clarity about that any how due to lock down and some issue I have purchased but still I am not getting clear answer on that so I approached I can please help to avoid negativity in my mind,

1 is the purchased land valid or not

 

 

 

P. Venu (Advocate)     08 May 2021

It appears that the querist has taken extra care to ensure that the facts are incomprehensible. Please post simple facts avoiding your subjective opinions based on assumptions and presumptions.


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