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Pushkar (DR)     10 August 2011

Partition suit

Hi,

I am a joint holder of land along with my brothers. We had a verbal agreement of partiton about which part of the property belongs to which member. As the agreement was only verbal, I executed a gift deed in favour of my son for my share in the land. Another brother also did the same. So we have clear titles on our share. However, the remaining property still is in joint names. As the other brothers did not sign any agreement, we are also not signing any for them. Now one of the brother is preparing to file a partiton suit so that he can also get his share in his name. He wants to do this so that he can avoid pay the stamp duty of the gift deed to get it to his name. As we have paid the stamp duty for our registration, how should our reply to the partition suit be framed. I mean can the court issue a decree for the remaining land to go to his name or will he also have to get a registered deed by paying stamp duty to get his separate title as I have done. Plz throw some light on how this is likely to proceed.



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