Dear Learned Councels,
In partition of properties vide a registered Partition Deed in 2003, two minor boys gets First Floor of the building as their share in the family properties.
One of the boy dies and subsequently on attaining the age of the majority, the other boy, (now a man of 20 years) sells the entire First Floor stating that he is the absolute owner of the entire property after his brother's death.
Geanelogical tree disclose his mother as alive. However upon enquiry, they state that their mother and father divorced some time after partition.
Mother who is a class-I legal heir having acquired the share of her deceased son has still owns that right, title and interest in the property inspite of having separated from her husband legally.
In this scenario, the aforesaid sale is not complete without the execution by the mother and the purchaser does not get the absolute ownership of the remaining share, isnt it ?
KIndly clarify.
TIA
