Deed of partition of father(1932-2006) property Deed of partition of father(1932-2006) property

5 years ago

As my father died and my brother is not willing to share property equally, will he along with my 3sisters be able to execute the deed of partition? Is it legal? Can they all sign on 100Rs stamp paper and execute the deed of partition? Can they sell the properties after deed of partition after signing on stamp paper without my consent and signature How else they can proceed?
Thank you in advance sir/madam

Manjula Shanmugasundaram

Responded 5 years ago

A.A partition deed, for its complete validity should be registered. Further, all of you have to execute the partition deed jointly. However, if the other members of your family execute a deed in you absence, you need to file a suit to declare it as null and void. If you have apprehension that they may sell the property in your absence, you have to file a suit for injunction. However, the best possible suggestion to avoid all the above complications, is to file a suit for partition and separate possession, so that your share is handed over to you and the others may do what they want with their property.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Rajeev RJ

Responded 5 years ago

A.If one is not willing then others have to file suit for partition before the civil court and court will decide and shares will be allotted.

Regards

Rajeev
RJ Associates
Trivandrum
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

GANESH SHARMA

Responded 5 years ago

A.They cannot proceed without making you as a party to suit. Without your knowledge partition is illegal
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconSale deed mentions that roof has ownership to owner(builder) not flat owner
Dear Client, as per RERA guidelines Roofs, staircases, elevators, lobbies, fire exits and common entrances of the buildings are broadly categorised as ‘Common Areas and Facilities’ under Section 2(n)...
question iconProperty Transfer
Dear sir, You have to file civil suit to get relief. Without going to civil court you may not get any relief.
question iconGift deed
Dear sir, It cannot be registered after the death of donor. But in case of Will it can be registered after the death of bequeather.
question iconGovt drainage department not playing my bill last 2 years
Dear Sir, You may lodge complaints with concerned authorities and also get issue a legal notice then approach High Court for necessary directions to the concerned Executive Engineer.
question iconName variation on different documents
Dear Client, It's essential to ensure that your name is consistent and accurately reflects your identity across all official documents. Inconsistencies in your name may lead to issues in various sit...