• Selling a Property acquired through Partition Deed in 1968

Hello Sir,

My Father had acquired some land through Partition Deed executed in 1968 Andhra Pradesh. By the time of executing partition deed his father was expired and deed was executed in his mothers presence. My father has 2 sons and 2 daughters and due to economical issues He is willing to sell this property but my sister is not willing to sign. Can you please guide on the rights of my father and how to proceed further.

My Fathers siblings does not have any issue now and the only issue is with his one of the daughter.

Thanks,
Rama Krishna
Asked 10 months ago in Property Law
Religion: Hindu

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9 Answers

Your father is at liberty to sell the property 

 

2) property which has remained undivided for four generations is ancestral property 

 

3) consent of daughter is not necessary to sell the property 

Ajay Sethi
Advocate, Mumbai
89092 Answers
6362 Consultations

5.0 on 5.0

The property is a joint ownership property and hence all the shareholders have equal rights. Therefore if she is refusing to go ahead then you should file a partition suit and then share your share of the property.


The property is not an ancestral property.

Rahul Mishra
Advocate, Lucknow
13846 Answers
65 Consultations

5.0 on 5.0

If it's a self acquired property of your father through partition his daughter can't create any issues. Only if the said property is ancestral she can create issues

Prashant Nayak
Advocate, Mumbai
28106 Answers
93 Consultations

4.4 on 5.0

Your father is one among the legal heirs of your deceased grandfather hence he is entitled for a legitimate share in the property. 

If his sister is not cooperating then he has no other option than to file a suit for partition to claim his legitimate share with separate possession. 

 

T Kalaiselvan
Advocate, Vellore
79250 Answers
1618 Consultations

5.0 on 5.0

the property came to your father's share pursuant to a partition deed

so the property became his self acquired property 

the partition deed is not challenged by your sister

so when your father is alive where is the question of taking any consent of your sister

she is merely a presumptive heir 

she may or may not succeed to this property that had gone your father's share on partition

she has no right whatsoever till the time your father is alive. also she will have no right in the property if your father excludes your sister in his Will by bequeathing the property to a complete stranger

so i do not see any need for your sister's signature at all 

if she has any claim then she has to approach the court and get a stay order against the proposed sale by your father

in absence of any stay order of court your father is at full liberty to sell the property without signature or consent of your sister

it does not matter that your father's father was not alive when the partition deed was executed

the fact that the partition did take place and that partition is not challenged by anybody including your sister 

Yusuf Rampurawala
Advocate, Mumbai
6999 Answers
79 Consultations

5.0 on 5.0

- Since, your father got that property by way of partition deed , then after getting this property it is converted into self acquired property , and hence he having his right to sell the property without getting consent of any person including your sister.

- Further, sister and anyone else having no right to claim in this property during the life time of your father. 

Mohammed Shahzad
Advocate, Delhi
10324 Answers
124 Consultations

5.0 on 5.0

Dear Client,

                    As per the information provided by you, it is apparent that your father is the rightful owner of the land acquired through partition deed.Hence, he has the absolute right to enjoyment of the property and can definitely sell his property even if his daughter objects to the sale and does not sign.

Thanks & Regards

Anik Miu
Advocate, Bangalore
5374 Answers
58 Consultations

4.9 on 5.0

Dear Querist

Once a partition was done between the parties or the shareholder of the property then those partitioned portion shall be deemed to be a self acquired property and your father is the only and absolute owner of that property and the consent of daughter is immaterial. he may sell the same without any hindrance. 

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

If your had acquired the property through a partition, it became his absolute and exclusive share. He can legally sell it to anyone without the consent of his sons and daughters.

Swaminathan Neelakantan
Advocate, Coimbatore
2152 Answers
20 Consultations

4.9 on 5.0

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