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Amaljith PM   21 September 2023

Partition deed


We were family of four father, mother, son(me) and grandmother.

After my father passed away, land which he owned became righteous to 3 of us equally. 

We did a partition deed stating property is divided among me and my mother.

Now my question is after grandmother's tenure can we sell the land without death certificate of her's?

It is stated in the deed that she can live there till death.




 4 Replies

T. Kalaiselvan, Advocate (Advocate)     21 September 2023

Your grandmother cannot be excluded in the partition of the property that belonged to your deceased father who is reported to have died intestate.

You cannot impose any condition in the partition deed insofar as her share in the property is concerned.

The property inherited by her shall again devolve on her own legal heirs which will include the legal heirs of your father i.e., you and your mother also 

Therefore instead of waiting for an event to happen, you can settle some amount equal to her share in the property and get a registered release deed relnquishing her rights in the property, after which her share in the property shall legally devolve on you and your mother alone. 

kavksatyanarayana (subregistrar/supdt.(retired))     21 September 2023

Very well explained by the prudent expert Mr T.Kelaiselvan sir and nothing to add.

Amaljith PM   21 September 2023

Thank you Mr. T. Kalaiselvan sir.

On a follow up note, this property was acquired by my father as a sale deed. So after grandmothers time, will that go to her legal heirs or only legal heirs of my father?



Dr. J C Vashista (Advocate and Legal Consultant)     22 September 2023

Well analysed and advised by experts, I agree.

Despite the fact it is self acquired, the property left behind by your father is "intestate". Accordingly your grandmother has an equal share and she cannot be excluded at your discretion.

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