Unregistered partition deed
Querist :
Anonymous
(Querist) 14 April 2018
This query is : Resolved
• 4 brothers A, B, C, D jointly bought 6 grounds and made an unregistered partition deed amongst themselves, marking their individual partitions as “A”, “B”, “C”, “D” (1.5 grounds each)
• Using this partition deed, B & D got CMDA approvals and built houses in their marked partitions, viz. in “B” & “D” respectively - 30 years back
• A & C did not build any house in their portions. So “A” & “C” are still vacant
• D’s family has been living in the first floor of the house built by D
• As C did not build a house, C and his family moved into the ground floor of the house built by D
• D was paying property+water tax, EB for entire house as these were on his name
• A few years back, D died in a road accident
• With Legal Heir certificate, E (wife of D) transferred property+water tax, EB, etc on to her name
• E also registered a Release Deed from her sons, transferring their portion to her.
This Release Deed clearly describes the partition deed, her partitioned plot,
CMDA approval for building the house & her full ownership of the property
in “D”
• E also applied and got a Patta for “D”, citing the Registered Release Deed, Legal Heir Certificate, Property/water tax/EB receipts, on to her name
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• E wants to sell the house, but C, who is living in the Ground Floor of “D”, is objecting to this and is not ready for any settlement, claiming it’s a joint property and E cannot sell it without NOC from A,B and C.
Questions
1. If E puts a case to evict C, how long it will take to come to a result? How many years such cases normally take?
2. Can E sell the house on ‘as-is-where-is’ basis and ask the buyer to take the risk? After the sale, will E be still accountable if the buyer tries to evict C by force?
3. Can E disconnect the utilities (water, electricity) to the house, forcing C to vacate? If C goes to police, can E say C is a trespasser/squatter and ascertain her rights?
4. Can E obtain demolition certificate from CMDA saying that she wants to reconstruct the house giving the reconstruction plan. After obtaining the demolition approval, can E start demolishing the house forcing C to vacate? Will C be in a position to give a criminal complaint against E?
Dr J C Vashista
(Expert) 15 April 2018
If you are seeking obligation of experts (except impersonating expert) FREE OF COST you will have to disclose your identity as per rules of this platform.
No reply for an "anonymous" author.
Kumar Doab
(Expert) 15 April 2018
Pls post with your ID and you can get many replies. Also draft properly so as to convey a clear message.
Your ID does not mean your email id or phone number and don’t post these also.
Querist :
Anonymous
(Querist) 15 April 2018
Thanks. I will redraft and post it with ID
P. Venu
(Expert) 15 April 2018
Please post simple facts.
Kumar Doab
(Expert) 15 April 2018
You are welcome..
Kumar Doab
(Expert) 16 April 2018
Same Query;
http://www.lawyersclubindia.com/experts/Unregistered-partition-deed--678461.asp
