Partition deed
2 years ago
Hello sir
I have few concerns on partition deed
My father is planning to do partition deed with me and along with my 2 sisters.
Question i have is property that will be included in the partition deed still has mortgage/ loan on it.
1.Can it be still included in partition deed?
2. He agrees to pay off loan on it but in anycase if he wasn't able to pay then what will be case???
A.Dear Sir,
Yes, such property can be included in the partition deed and your father is liable to pay off the outstanding loan. Better take an undertaking from your father that he is liable to pay outstanding loan amount. Just accept such proposal as it seems to be a self acquired property of your father.
Read a blog on HOW TO FILE A PARTITION SUIT IN INDIA [A STEP BY STEP GUIDE]
Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
Partition deed us property ki jaati jo pusteni ho ya fir aap ke father dawara kharidi gai hai.
Aap apni property ko partition deed me shamil nhi kar sakte hai.
Please respond
Ayantika Mondal @ Prime Legal
Responded 2 years ago
If a division is done legitimately and without deception by the mortgagor and his co-sharers, and the mortgaged share is given to another co-owner, the mortgagee is not allowed to enforce his security on that share.
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It is now settled law that the mortgagee of an undivided share takes the security subject to the rights of the co-sharers of his mortgagor to obtain a partition, and if a partition be effected by the mortgagor and his co-sharers fairly and without fraud, and the mortgaged share is allotted to some other co-owner, the mortgagee is not entitled to enforce his security on the share so allotted.
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Tanmoy Chattopadhyay
Responded 2 years ago
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