dadu nikhilendra singh (advocate) 03 March 2010
there r 4 sistersand brothers. there oral partion took place in 1970.in 1980 two of them executed a notoraised memoradum of partion deed bcoz in reveneu papers only one name was recorded. Now who was recorded owner not willingh to give share to another.While he has sold his share already. WHAT WILL HAPPEN?
Daksh (Student) 04 March 2010
Dear Mr.Dadu Nikhilendra Singh,
You have not mentioned how the property devolved and what is the proportionate share of each one. We all know that unregistered document does not have much evidentiary value more so as it is evident from your post only two out of the four siblings recorded the Memorandum of Partition which also not hold much water. The correct way to go in the situation is to ascertain how the property devolved and accordingly what is the share of each sibling. Meanwhile go to civil court get a stay to avoid any further complicity in the matter - stating that if the share of one sibling is not ascertained the sale is bad.
Best Regards
Daksh
Suryanarayana Tangirala (Advocate) 28 March 2010
File a suit for partition after issuing legal notice
Devajyoti Barman (Advocate) 28 March 2010
Filing of suit for partition and for injunction against the transfer of any part of the suit property during the pendency of the suit is the right approach.
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