Sadiq (Senior Analyst) 26 November 2013

Property transfer

Hi Sir/Madam,

I'm looking for property to buy but i have few doubts about it, please clarify me..Following are the details.

Property Details: Owner of the property had died 3 years ago. But before his death (7 years ago) He partioned his property with 3 parties ( For Him/Wife, Elder Son and Younger Son). However he had 3 childeren. Elder is daugher and followed by 2 sons.

However while doing partition deed (Partion deed done in Registration Office) her daughter has signed as Wintess and though there was no partion given to her.

However her daugher is also died 2 years ago.

Now i'm planning to buy this property, my query is whether His (Property Owner) grand daughter/sons (daughter Childrens)has rights on this property? Because they are majors now. Please do the needful.

Thank you...

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4 Replies

Ad Amjad Ali (Advocate ) 26 November 2013

What the owner of property says regarding partition of property among share holders decide the fate of property. if daughter voluntary withdraws form the property, her childern cant sue for above property. Detail guide is possible after scrutiny of partition deed.

1 Like

Sadiq (Senior Analyst) 26 November 2013

Hi Amjad Ali sir, thanks a ton for your response.

As from the partition deed, there is nothing mention about daughters shares or compensation but i could see only her signature in the wintness box.

Could you please guide whether signature in Wintess Box is enough to say that there is no shares for daughter.

Thanks again,

Sadiq

Ad Amjad Ali (Advocate ) 27 November 2013

Of course, if content doesnt say regarding daughter share and daughter is agree as a witness, then no problem, she will not able to claim for property.