rakesh (rakesh.ntpc@gmail.com) 19 January 2011

Partition problem

There is a property of 300 sq yard in the name of Mr X. Mr X have 5 sons and 3 daughters. Presently X and his wife are not alive. All 3 daughters have been married. Mr X’s wife had a will for giving her share to small son.

We have purchased 200 sq yard from 2 sons & 3 daughters (total 6 parts including mother’s part) via sale deed and registry (As per govt rates, which is lower than actual sale deed) has been done for the same. Possession has been taken by us (covered by boundary walls).

Now rest 3 sons filed a case on us and sellers with dissatisfaction of partition(our possession part have more market value because of road corner) and saying they have first right for buy this property at the rate of registered amount.

Now we required following suggestions from experts -

1. What should be the proceedings by us?

2. If we lose the case what money will be refunded -actual sale deed amount or registry amount?

Regards

Rakesh

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HARIOM SHARMA ( GENERAL MANAGER-FINANCE) 20 January 2011

Dear Rakesh,

In my openion you should consult your advocate and put that:-

1. You have 5/8 share with you so you have much share as compared to other share owners.

2. You have possession of the land you should prove by document for possession that earlier this was decided by all partners also duly signed by the 5 sellers.

3 If you have taken consent of other remaining partners before transfer that should also be produced before court.

4. You can put witness if needed will help.

5 If you have made construction on the purchased land you can claim additional cost for that in any case of up / down in change of diversions of land measures.

6. The documented facts should be seen relataed to the property and proof that transfer has been made after a valid and good consideration of the land andyou should take support of the sellers at your cost.

I hope you may found my opinion useful for you.