Partition
Brahadheeswaran
(Querist) 03 April 2013
This query is : Resolved
Dear Sirs,
We are planning to execute a partition deed; my father’s sister who is part of the partition is having psychological problem, we mentioned in the deed that, her husband as guardian for the property and then if required her share can be sold by her husband and her heirs for her medical expenses. Register officer asking to remove the words “then if required her share can be sold by her husband and her heirs for her medical expenses.
1. Her heirs want to sale her share after this partition what is the solution for this?
2. If we execute the partition in any condition, Share of other members of the partition will have any adverse affect in future?.
pls advice how to go about
prabhakar singh
(Expert) 03 April 2013
Registrar has correctly taken the objection.
Only a simple deed of partition can be registred.
Your sisters' property can not be sold unless prior permission is taken from the district judge by her natural guardian appointed in this regard(herhusband).
R.K Nanda
(Expert) 03 April 2013
no more to add.
Adv k . mahesh
(Expert) 03 April 2013
yes prior permission has to take from The district judge for a guardian to sell the property
Raj Kumar Makkad
(Expert) 03 April 2013
After partition, no other person has any relation to that land which comes in the share of the sister of your father and thus even if it is sold, you have nothing to do with that, however, if you are sympathetic to your aunt then it shall be better not to mention the words as desired so that her rights may be ensured intact and only permission of the court may change the situation.
