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Mugundhan B   22 August 2021

Property Sale Enquiry

My father died 5 years ago.After his death me and my brother signed for la partition deed.Before 2 years he filed case against me saying that he didn't recieve proper shares.Now I want to sell one of my property which was registered in my name during partition deed.I even have a deed stating that he has no objection in registering this property in my Name signed during the partition deed.My brother has just sent a notice to me saying that I should not sell that property since he has rights in it.But the court has not issued any order about this property sale.Can I sell my property?Will there be any problems in future?


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 5 Replies

G.L.N. Prasad (Retired employee.)     23 August 2021

If there is a written document showing partition and if you have received the share as property as per that settlement deed and possession and enjoyment with such mutation, you are the absolute owner for that property and can deal with it and your brother's permission is not required as per law.

But, unless the averments and stand taken by your brother are known it is very difficult to offer precise guidance.  When you have entrusted the case to a competent advocate and he is dealing with the issue in court for the last two years, you can not expect meaningful guidance from an online forum and members can not go through the documents required for giving any advice. 

P. Venu (Advocate)     23 August 2021

Was the partition deed duly registered? Has the court granted any stay ordered ay status quo in the pending proceedings?

11.Rajesh Kumar   23 August 2021

Yes sir the partition is properly registered and the court has not issued any stay order on the property sir

P. Venu (Advocate)     23 August 2021

If so, there are no impediments for sale. However, a property under litigation would only fetch lesser value.

Dr J C Vashista (Advocate)     23 August 2021

Even if the settlement was registered your brother has backed out of settlement and filed suit for partition, which you have no option but to contest through a local prudent lawyer.

During pendency of the suit you can not (must not) sell the property.


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