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Ranjith K   26 February 2024

Regarding: Partition Deed and Dhana Settlement


I want to clarify a few of my doubts. Could someone please answer it? Thank you.

Point 1: In 1975, my uncle and his family members did a partition deed. "A" schedule includes his father and minor kids (minor son, minor daughter).
"B" on my uncle's name. All properties were divided, moved to the concerned parties, and started being used. 

Point 2: In 1990, my uncle brother received a "Dhana settlement deed" from his father for a few properties. In this, 
Some of the survey numbers mentioned are from Uncle Property (partition deed done in 1975). He may have known and knowingly registered the document, which does not bear his father's name. It was already transmitted to my uncle.

and my uncle brother was unable to transfer the land to his name due to a partition deed already done and registered under my uncle's name.

For the last 45 years, the land has been used by my uncle only.

Question :- 

1) Is the Dhana settlement valid?

2) Can we sell my uncle's property, which is on my uncle's name now, in 2024?


 1 Replies

T. Kalaiselvan, Advocate (Advocate)     27 February 2024

1.  If a person is not having valid and marketable title to the property he cannot transfer the property by dhana settlement or by any mode to a third person, if this is the situatuion then the dhana settlement is not legally valid.

2.Your uncle only can sell if he is living and not you.

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