• How can we sell our share of property

A residential house was purchased by my grandfather(in1955); which was further divided into his two sons (my father and uncle) through an unregistered deed of partition. 
Now after the demise of my father ,uncle and grandfather. We want to sell our share of the property ( my mother and we two sisters)
But we don't have the original papers of the property ,moreover our relations with my aunty and her son are not good (they have the original papers) 
We are in possession of our share of the house . I got the mutation done in revenue department and also got legal heir certificate. How can we sell the property?
Asked 7 years ago in Property Law
Religion: Hindu

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5 Answers

1) obtain certified copy of sale deed from sub registration office

2) you can aissue notice to aunt to furnish you certified copies of original documents lying in their possession

3) under section 44 of transfer of property act co owner can sell his share without consent of other co owners

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1) mutation in revenue records is for purpose of payment of property taxes

2) you can issue legal notice to aunt to furnish inspection of original sale deed

3) furnish certified copy of sale deed

4) apply to survey office for demarcation of boundaries

5) if aunt does not cooperate file suit for partition for division of house by metes and bounds

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. Since there is no physical division of property and no original title deed is there either you can file a suit for partition.

2. The decree of court not only determine your share and area of possession but would do away with the title deed as well..

3. The partition suit takes time if your cousins contests the same. Hence they and you either settle the case or execute a mutual deed of partition and register the same.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

The mutation records, tax receipts and possession of property and documentary evidences for possession shall be a good evidence to prove that you are in possession of property.

As far as the documents are concerned, you can obtain certified copy from the registrar's office after which on the basis of mutation records you can proceed further on the intended action.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

The oral partition is also an evidence for partition and separate possession, hence based on the unregistered partition deed you can proceed with the demarcation.

In partitioned property, the certified copy of the sale deed shall be a valid document.

Mutation of property itself would contain the names of all those entitled to the share in the property

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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