swati (hhhhhh) 15 March 2015

Absence of partition deed but ancestral property sold

Building was built on ancestral land.

Father X died in 1978

Wife died in 1991

5 sons

It seems there is a partition deed made in 1971 (before father died) where the flats were distributed to each son and flat 1 & 2 was given to their mother.

There doesnt seem to be any partition deed for the flat 1 & 2 after mother's death.

One of the son is buying out the share of the other brothers. 3 of them have sold 2 haven't sold yet.

So now my question is:

1) Is such sale deed considered valid in the absence of partition deed?

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2 Replies

B.T. RAVI (LEGAL MANAGER) 15 March 2015

A. Your query is having insufficient information.

B. How did you come to conclusion in respect of property nature is ancestral?

C. In the absence of Partition Deed, all the coparcenors are entitled to claim their separate share over the property.

D. Notwithstanding non execution of partition deed between the family members, any one of the family member can alienate the respective share property by way of sale but it can be claim from the transferre to clinch the particular share by metes and bounds.

E. Therefore, in your case, all the records must be verified by the legal expert and as per your statement, your sale deed will be valid subject to ascertain the actual demarcation of the propery shall be clinched either by the family membes or Court of law.

Smita (None) 18 March 2015

Thanks.....

Originally posted by : B.T. RAVI ADVOCATE
	A. Your query is having insufficient information. B. How did you come to conclusion in respect of property nature is ancestral? C. In the absence of Partition Deed, all the coparcenors are entitled to claim their separate share over the property. D. Notwithstanding non execution of partition deed between the family members, any one of the family member can alienate the respective share property by way of sale but it can be claim from the transferre to clinch the particular share by metes and bounds. E. Therefore, in your case, all the records must be verified by the legal expert and as per your statement, your sale deed will be valid subject to ascertain the actual demarcation of the propery shall be clinched either by the family membes or Court of law.