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Kumaran Durairaj   19 December 2020

Partition deed

My seller has got 28 cents through partition deed between 3 brothers.Now he is selling 4 cents to me.But he says he is not having partition deed with him.can I buy this 4 cents? what are he things I need to ensure?


Quick Summary
You're considering buying 4 cents of land that was part of a larger partition deed involving three brothers. Your seller claims not to have the original partition deed. While it's common for only one party to hold the original, certified copies are usually accepted. You should ensure your seller has an authenticated copy or can obtain one from the Sub-Registrar's Office. It's crucial to have a local lawyer conduct a thorough title search to guarantee a clear and marketable title before proceeding with the purchase.

 3 Replies

G.L.N. Prasad (Retired employee.)     19 December 2020

Contact a local advocate for precise guidance, as you can't expect guidance through online forum for investing your hard earned money with a property that is not having a clear and clean title.  

P. Venu (Advocate)     19 December 2020

It is impossible that every party in a partition deed can have original. It is accepted procedure that one party (generally, senior most family member) keeps the original and the others are provided with the certified copies, as specified under the extant norms. Is the vendor having such an authenticated copy? Even otherwise, certified copies copy could be obtained from the SRO.

As such, to my understanding, lack of the original deed is not at all  a constraint. Even otherwise, title is not a question of document, but of fact. 

Dr J C Vashista (Advocate)     21 December 2020

Originally posted by : Kumaran Durairaj
My seller has got 28 cents through partition deed between 3 brothers.Now he is selling 4 cents to me.But he says he is not having partition deed with him.can I buy this 4 cents? what are he things I need to ensure?

BUYER BEWARE

Get title of the property searched by a local prudent lawyer to ensure clear and marketable title of the subject property before finalisation of the transaction. 


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