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KT   17 June 2021

Property law

Hello Sir,

I am posting this on behalf of my husband. My husband has a house in Village (Bihar). The house along with property is in my mother in laws name (self acquired by my mother in law). Recently the partition of the property has been done in between my husband and his brother, though the partition has not been legalized yet, but both have signed a draft copy. As in villages, usually, they do partition in the presence of Sarpanch. However they are yet to make final copy on stamp paper. My husband got the front part of the house (& property) and his brother got the back part of the house (& property). As orally agreed his brother needs to construct an entrance on the back side of the property. My husband wants to have a partition wall in between the house and the land to restrict the access by both the parties. But his brother is not allowing to construct the wall. 

I have few questions:

> Can my husband's brother stop us from constructing the wall in the house and land?

> My husband is planning to legally transfer the rights of the property which he got through partition from his mother to his name. Will there be any legal issues in transferring the rights?

Regards

Nimmi



 2 Replies

Vasundhara Singh (Student)     19 June 2021

 Hello!  

According to Indian laws, any property held by a Hindu female is her self-acquired property and no one can claim right on it while she is alive. In your query, if the mother is still alive, then without her consent the sons cannot partition it and the partition will take place as her will.  

If she has died intestate, which means without a will, then the property will be equally distributed among her legal heirs. If the shares of the partition are definite then the first step is to register the partition deed by paying the stamp duty and registration fees to make the deed legal and binding. The Delhi Court has decided that in cases of verbal partition among joint families, oral agreements are legally valid and registration is not necessary.  

After the partition, both the parties have the absolute ownership of the share and can construct anything on the land as their will. In your case since the partition is done and the share is decided, both the brothers are free to construct gates on their property. Your husband can construct the wall between the land and the house provided it does not interfere with the right of other people in enjoying their property.  

Once the partition deed is registered, the shares on the property are automatically transferred to separate owners and your husband can move ahead to register his share of the property under his name without any difficulty.  

Regards  

Vasundhara Singh  

KT   20 June 2021

Many thanks mam for the reply. And yes, the partition happened with mother's consent. 


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