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kalyanasundaram m (member)     02 December 2009

property partition

I intend to buy a property, kindly advice about the legal issues. The owner got  half the property by way of family partition among 4 brothers, after their father's death in 1975. The other half of the property was purchased by the owner from a third party ( The third party has purchased the other half from the owner's brother). Owner has got 4 married sisters. Their partition deed is not registered. Their partition deed and their subsequent sale & purchase were not contested by any of the brothers and sisters till date. The property was purchased by his father in 1949 from his earnings. Will ther be any legal isssues if I purchase this property.



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N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     02 December 2009

When was the partition? whether the sisters are parties to it? Else, whether the sisters were given any benefit under the partition?

Unregistered partition deed is not admissible as evidence in a court of law. But it can be used as colateral evidence. Since subsequent third party transactions have taken place on the basis of it, and the other brothers have acted upon the partition deed and have sold their respective share, your vendor has can be said to have valid title to convey it to you.     


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