Partition deed
younus mohammed
(Querist) 29 March 2013
This query is : Resolved
Hi sir,
We are proceeding with a partition deed in our late father property. overall in our family we are 11 members 6 bro 5 sisters, 9 members are ready to sign for a partition deed, except two members(sisters). If we proceed with the registration for partition deed, is it valid and safe for future for 8 members.
Devajyoti Barman
(Expert) 29 March 2013
Yes it is valid for the signing members.
younus mohammed
(Querist) 29 March 2013
Sir,once a partition deed is proceeded with 8 members, Can the two members stop the registration process of the partition deed. Do the brothers have any problem in future with the two members if they file a case in a court?
prabhakar singh
(Expert) 29 March 2013
There can legally be no partition of a joint
property unless all co/or joint owners agree.The deed of partition here sought to be executed would not be effective and brothers would have problem as it would be open to sisters not signing the deed to reopen the partition through court without giving any care to partition arrived at between brothers without their consent.
R.K Nanda
(Expert) 29 March 2013
not valid unless signed by all members.
ajay sethi
(Expert) 29 March 2013
agree with parbhakar singhji
Raj Kumar Makkad
(Expert) 30 March 2013
8 co-sharers need to file partition suit against the remaining 3 joint holders and then they shall have to put their mind and the partition thereafter shall be allowed without caring for their resistence.
