• Partition deed

Hello all,

Is it possible to have a partition deed. My family is willing to write a partition deed. But they don’t want me to sell the property. Can they write a partition deed with restrictions on it not sell or alienate. Please let me know.
Asked 2 years ago in Property Law
Religion: Hindu

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9 Answers

Such a restriction cannot be imposed 

It can only be mutual 

It's ok if its stated that whenever any party wishes to sell his share then it should be first offered to other parties who would have a right of first refusal 

This is for keeping the property within the family 

A wholesale restriction against sale of share cannot be imposed in the partition deed 

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

Deed of partition has to be executed duly stamped and registered 

 

2) you would be absolute owner of your state of property 

 

3) you are at liberty to sell your share in property 

 

4) if your  parents don’t want you to sell then conditional gift deed can be executed 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Generally such partition deed is only possible if the averments doesn’t make it void in hands of beneficiary 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Yes. If all share holders agree, then partition deed can be executed among themselves and the same can be registered also. Parties can put restrictions of sale or alienation like restriction on sale to outsider etc. 

Siddharth Srivastava
Advocate, Delhi
1551 Answers

- Yes, there can be a family Partition Deed , if all the members agree for the same 

- Further, if the partition deed is executed for the distribution of the property , then it should not be conditional 

-  After partition of the property , all the members are free to sell their respective share to any one. 

- However, if all the family members mutually agreed that for selling the property , first preference should be given to one of the members of partition deed. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

1. Partition Deed can be executed by all the stakeholders demarcating the property by metes and bounds or mutually dividing without having to divide it by metes and bounds.

2.  Partition Deed can't be conditional/restricted such as not to sell or alienate, etc.. But, however, there can be conditions such as not to sell or alienate the partitioned property to any third party without offering it first to other signatories of the Partition Deed.  In other words, preferential right or first right of rejection rightfully belongs to the other signatories to the Partition Deed.

Shashidhar S. Sastry
Advocate, Bangalore
5623 Answers
339 Consultations

If the property is not ancestral in nature then during the lifetime of your parents you cannot claim any rights for a share in the property.

Similarly if the family members who are co-sharers in the property cannot restrict one of the shareholders to sell or alienate the property after the registered partition deed is completed and each of the shareholders have acquired their respective share in the property.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

A partition deed is meant for specific divisions of a property among the co-owners/claimants/inheritors by metes and bounds in such a way that after the partition each enjoys his/her specific share clearly earmarked, and becomes entitled absolutely and exclusively to deal with it in any manner he/she desires, including the right to mortgage, sell or gift and such like. This legal right cannot be taken away by any restrictions in the partition deed.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

Dear Client,

A deed of partition is a legal document that divides jointly owned property into separate shares. Once a deed of partition is executed, each party becomes the absolute owner of their share of the property. This means that they are free to sell, mortgage, or otherwise dispose of their share as they see fit.

However, if your parents do not want you to sell your share of the property, they can execute a conditional gift deed. This type of deed gives you ownership of the property, but with the condition that you cannot sell it. If you do sell the property, the gift deed will be void and your parents will regain ownership of the property.

 

Anik Miu
Advocate, Bangalore
11014 Answers
125 Consultations

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