Legal Question in Civil Rights Law in India
Ansister Property
after expiry of grand father, total of 19.5 aceres was divided between 2 sons and his wife(grand mother). No partition deed was prepared but the pass books where created. (Hyd, AP). My Grandmother expired 4 days back, now i came to know my uncle sold almost of 4 acers and the my grandmother land has been registered on his second wife name. Is the land registration valid. And is it possible to sell the land with out any partition deed agreement ?
5 Answers from Attorneys
Re: Ansister Property
oral partition deed is very much prevalent and valid form. - may be a koorchit had been executed - koor chit did not required to be registered until few years back!
Re: Ansister Property
Dear Friend,
You have mentioed there was a oral partition and lands are devided and recorded in Pass book. Please check whether your grand mother has died with out making will or sold it to your uncle in her life time. contact local advocate for detailed clarification.
Re: Ansister Property
As there is oral partition and Passbooks were brought in to existence and as you admitting that partition was taken place, one can sell the property fell to his share, it is not barred under law.
Regarding the property of your grand mother, after partition she got full right over the property fell to her share and she had every right to execute any Documents in favour of any body. As such the Registration is valid.
It is possible to sell the property basing on Pssbooks and other revenue records as the Buyer must beware.
Re: Ansister Property
It is admitted that oral partition already took place therefore your uncle has legal right to sell the property of his share and the same method will apply in the case your grandmother as she has also full right to give her share to any person
Re: Ansister Property
it is not possible to sell like this. you can file cases for taking it back
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