• ROR issued after registered partition deed

We have three share holders.1st party,2nd party,and 3rd party..Joint property was partition namely-Schedule-A,B,C and D.In the partition deed it is clearly mentioned that 1st  party will get 50% share that is Sch.A,2nd  eill get 37.5% share ,Sch-Band 3rd party will get 12.5%% share ,sch-C.For Schedule D property  will be the joint property kept according to the share of the party.After that consolidation ROR released for joint property.In ROR it was mentioned in the name of 1st,2nd and 3rd party..Now Legal heirs of 3rd party claiming 1/3 share from joint propert as per ROR and sell 1/3rd property from a plot.Against this 1st and 2nd party file a suit.now question is are the legal heirs of 3rd party are eligible for 1/3rd share from joint property or not.
Asked 3 years ago in Property Law from Basudebpur, Odisha
Religion: Hindu
1) registered partition deed duly stamped and regs is valid 

2) it is necessary  to peruse the various documents mentioned by you to advice 

3) legal heirs of 3rd party can sell their 12.5 per cent share in property as per partition deed 
Ajay Sethi
Advocate, Mumbai
45562 Answers
2677 Consultations

5.0 on 5.0

As per the registered partition deed the legal heirs of the deceased 3rd party are entitled to 1/3rd share in the joint  property i.e., schedule D.
ROR was drawn upon partition deed, so the partition deed is valid. 
The sale deed by 3rd party if not within the legal framework mof their entitlement and has been in excess to their share, it can be challenged and the suit for declaring the same as null and void may be filed. 
T Kalaiselvan
Advocate, Vellore
35711 Answers
387 Consultations

5.0 on 5.0

1. Schedule D property was agreed to be kept joint, but this does not mean that the legal heirs of the consenting parties are deprived of the right to seek division thereof.

2. After the lifetime of 3rd party his legal heirs have the right to cull out their respective shares in his share in the property which was kept joint.

3. Which sale deed are you referring to?
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

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