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Partition deed

(Querist) 02 March 2012 This query is : Resolved 
Sir, my father had bought land in mulshi taluka along with my uncle. After my dad expired, My mother's name and my name were added in place of my father. Now my uncle wants to sell the plot. But me and my mother don't want to sell...what procedure can be done so that he can sell his part but not ours? Will making a partition deed be useful..please let me know..
Thanking you in advance.
V R SHROFF (Expert) 02 March 2012
Sell part of Land with sign of all 3.
Get release deed from Uncle, that he sold off his part, and change the entry in mutation accordingly. delete ur uncle's name therein.
Deepak Nair (Expert) 02 March 2012
Yes. good suggestion by Mr.Shroff.

But, I would go ahead with partition, as, it may happen that after selling one share by all the three, your uncle can turn down the possibility of release deed resulting in a suit which will remain pending for atleast 20 years.

If you want to go ahead with the suggestion by Mr.Shroff, it is advisable to execute a memorandum of understanding stating between all three of you to that effect.
R.K Nanda (Expert) 02 March 2012


Dear Client,

Execute Partition Deed with ur uncle.

Please feel free, if you require more advise, then contact me on Mobile Via Path Legal.

All the Best.

R.K.NANDA - ADVOCATE
DELHI HIGH COURT & SUPREME COURT OF INDIA



ajay sethi (Expert) 02 March 2012
agree with deepak nair andshroff
Raj Kumar Makkad (Expert) 02 March 2012
Your uncle alone cannot make sale. You can obtain stay order against his sale.
prabhakar singh (Expert) 04 March 2012
what procedure can be done so that he can sell his part but not ours? Will making a partition deed be useful???

You already have an answer in your question.

Partition is the best option you have.Let it go with your uncle before his sale.


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