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hindujanulu (wood carpenting)     26 April 2017

Sale deed registration validity while pending partition suit

Hindu family can I would like to sell some part of land which is on my name while partition suit pending in court.

I am not willing to sell complete share which i am entitled as rightful heir of the family. Will the sale deed will be challenged and cancelled by other family members or how the court treat it. will court considesr as i sold it as part of my rightful future share ?.



Learning

 4 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     26 April 2017

You cannot  execute sale deed unless partition suit is cleared and get clear title on your name of the property.

sreekanth   26 April 2017

Dr J C Vashista (Advocate)     28 April 2017

Whether your share in the suit property, that you intend to sell, is not part of the properties being partitioned? It (the part of property being planned to sell out) cannot be "out of suit property" since partition has to take place/decreed and possessed by each shareholder which is yet to be demarcated/decided.

If it is not forming part of suit property, the point may be considered by your lawyer on its merits. Discuss with your lawyer who is well (rather better) equipped with relevant information qua your query.

MOHANASUNDARAM (advocate)     30 April 2017

if you want to SELL - best option File - PERMISSION   PETITION .


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