• Ancestral property

In 1965 there was a family arrangement partition written not registered and the document of partition is also not available property of size 12 cents have been sub divided between 4 members.
New survey no was issued for sub divided .but there was no document proof of partition happened available.
1.Does the property is still ancestral ?
Among the 4 members two of it came joint patta
Both than doing partition x gift deed to son A with sub divided survey no (setting aside other sons as witness )and y person to daughter 
Does the gift deed is valid ?
2.As the partition document not available ,and x expired that asking other sons of x as a including son A for sale deed as means creation of new document ? And avoiding the question of ancestor property ?
As I am purchasing property from A
Asked 8 years ago in Property Law
Religion: Hindu

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4 Answers

1. The property is reported to have been partitioned though by an unregistered partition.

Since there is no dispute among the shareholders in this arrangement of partition and all the shareholders are enjoying their respective share in the propeerty without any problem among themselves.

Therefore the property is deemed to have been partitioned properly and the shareholders can decide to dispose the property in the maner they would like to

2. The signature of all the legal heirs is necessary

They have also to be included as necessary party to the suit.

You may consult your own advocate in this regard.

T Kalaiselvan
Advocate, Vellore
90014 Answers
2497 Consultations

1)deed of partition for division of property among 4 members is required to be stamped and registered

2) un regd deed of partition would be inadmissible in evidence

3)property which has remained undivided for 4 generations is ancestral property

4) gift deed can be challenged by other legal heirs of x as they have equal share in the property

5)avoid purchase of property from A as title is not clear and marketable

Ajay Sethi
Advocate, Mumbai
99812 Answers
8147 Consultations

other sons can file suit to set aside gift deed if it is ancestral property

2)you should obtain consent of other legal heirs when purchasing property from son to whom property has been gifted

Ajay Sethi
Advocate, Mumbai
99812 Answers
8147 Consultations

First of all you should ascertain the marketable title of the person selling the property.

Then you should see the title flow chart and trace the title for the last 25 years of more.

If you have even a slightest doubt on the previous title then you may refer the matter to an advocate in the local and get his opinion on this

Any opinion given here based on your oral information may or may not be true and correct to the legal position without perusing the title documents and other relevant papers of the property.

You should always be cautious, vigilant and careful and very patient while investing a huge amount towards immovable assets.

T Kalaiselvan
Advocate, Vellore
90014 Answers
2497 Consultations

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