LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

phani kumar   23 December 2024

Property undivided

A father transferred a house to his son, daughter, and himself, granting each a fractional share (1/3 each) without specifying the property's exact location in the document.

The daughter sold her undivided share of the house to an outsider without a prior property partition.

Can the new owner and the remaining co-owners (son and father) partition the property after the daughter sold her undivided share without a prior partition?



Learning

 2 Replies

She Commie   23 December 2024

The two statements in your post are contradictory. You wrote the father transferred a house . . .  You also wrote there was no prior property partition. These two statements are contradictory. You must state the facts clearly. 

In general, if there was no property partition, the new owner, father and son can partition the property, even though there was no prior partition. 

The new owner is entitled to get the share of the daughter. 

The best way of doing this is : the new owner should file a suit for partition and separate possession in an appropriate Court. He must clearly explain the sequence of events and also file the sale deed in the Court. He must also file the deed by which the father transferred, as you wrote in the first sentence. 

It is better to file a suit at the earliest to avoid further complications. 

 

T. Kalaiselvan, Advocate (Advocate)     23 December 2024

Even though the father made a partition of the property into three divisions, sionce the property remained undivided by metes and bounds and not identifying the share of each individual, it is possible for all the  shareholders to partition the property now properly wiht proper demarcation on the basis of mutually agreed conditions resulting in an amicable partition peacefully. 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register