Partition deed- required parties
veng
(Querist) 15 January 2013
This query is : Resolved
Hi,
In our family we are 5 children to our parents(One Male 4 Female). My parents have passed away 10 years back. We all are married and have Major and minor siblings. We want to go for a partition deed, is it required for the Major siblings of all 5 are required to sign?
Is it ok to get this deed signed only by 5 of us?
prabhakar singh
(Expert) 15 January 2013
want to go for a partition deed OF WHAT?PROPERTY?MOVABLE OR IMMOVABLE?
WHO WAS ORIGINALLY OWNER OF THOSE PROPERTIES?
IF SELF ACQUIRED OF PARENTS THEN ONLY THEIR CHILDREN(MAJOR OR MINOR)ARE THE LEGAL HEIRS TO SHARE THE PROPERTY EQUALLY AND ALL ARE REQUIRED TO SIGN PARTITION DEED WHICH IF RELATES TO IMMOVABLE THEN IT SHOULD BE A REGISTERED ONE.ELSE OPTION OF ORAL PARTITION MAY BE EXERCISED AND ACTING UPON THAT A MEMORANDUM WITHOUT REGISTRATION CAN BE PREPARED.
IN CASE PROPERTY WAS INHERITED BY PARENT (FATHER)THEN ALL GRAND SONS (MAJOR OR MINOR) ARE ALSO SHARERS AND SHALL SIGN THE PARTITION DEED.MINOR'S SHALL BE REPRESENTED BY THEIR LEGAL GUARDIAN FATHER WHO SHALL SIGN ON MINORS' BEHALF.
ajay sethi
(Expert) 15 January 2013
agree with prbahkar singhji
Raj Kumar Makkad
(Expert) 15 January 2013
No more to add in the legal provision narrated above,
