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Nataraj Yennampelli (Associate)     06 February 2013

Which deed has more secure partition deed or sale deed

Which deed has more secure Partition deed or Sale deed.

A has died without leaving a will. A has survived by wife, there sons and one daughter namely B,C,D,E,F. 

A has two houses X and Y.

Y has the double value of X.

With mutual agreement among B,C,D,E,F, it is decided that  C is going to take Y house by paying "Some" amount  to E. D is going to take X. B, E are going to get some money and Gold .

It is decide that partition deed should be executed among B,C,D,E,F, In future , if B,E,F files any cases aganist  C and D, is there any validity or any problem for C,D. Also do we need to specifiy in deed that properity is divided equally among B,C,D,E,F.

Also is there any validity of case which can be filed by grandchilderen of A.

In that case is it better to go for sale deed.

Your inputs are very valuable.

Thanks in advance

Nataraj. Y


 2 Replies

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     06 February 2013

There is no need to get the registered sale-deed in the given matter as partition deed executed through court decree has value more than a sale deed and moreover it shall save a lot of money of the family.

1 Like

Nataraj Yennampelli (Associate)     07 February 2013

Thanks alot Sir for the reply ... As I am not familiar with law terminology, Could you  please tell me , if I get this partition deed done in concerned muncipal register office is that fine.

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