• Title Deed

I have purchased Ac.2.72 in Tamilnadu. Father, two sons sold this property. Daughter has not joined in the sale deed. I sold this property. Now daughter filed partition suit against me and the purchaser. Now purchaser negotiated wither and she agreed to register consent deed. What are the points to be mentioned in the consent deed and whether she can execute the consent deed or not. Kindly guide me.
Asked 8 years ago in Property Law
Religion: Hindu

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6 Answers

1) was it self acquired or ancestral property ?

2) consent of daughter was not necessary for self acquired property sold by father

3) consent terms should be filed in partition suit

4) it should be mentioned she has received X amount in full and final settlement of her share in property

5) that she agrees to with draw the suit

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

If property is ancestral ( of 4th generation ) than father and brother can sell only there share , not of hers , so check from where property came.

And daughter cannot seek partition against u, share in the property cannot be transfer via consent deed. only gift deed , haq tyag or sale deed . ( registered. )

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

It may be noted that the consent of daughter is not required in case the same was self acquired property of the father.

Consent terms ill have to be filed in the partition suit wherein it has to be mentioned that the daughter has received, this much amount of money, as against the share of her property (if any) or she has been paid.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

consent deed is must,

she should say that she has released all her right, title and interest in the property in favour of the present owner and shall not claim any right over the property hereby released in favour of the present owner.

she has confirmed the execution and registration of the sale deeds executed in your favour and the sale deed executed by you in favour of the present owner and that the present owner is in possession of the property.

Rajashekar
Advocate, Bangalore
591 Answers
4 Consultations

It will be a like a compromise in which the terms and conditions of the settlement of the case have to be meticulously recorded.

Vibhanshu Srivastava
Advocate, Lucknow
9770 Answers
323 Consultations

She can either ratify the already executed deed by executing a ratification deed or can express her consent for the conditions as agreed and get a decree for this arrangement with the conditions for this consent mentioned in the decree in the partition suit;

It depends on how the agreement was entered upon between the parties.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

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