Legal Question in Family Law in India
My mother owns a property which was transferred to her name after my dad's death. Subsequently, a partition deed was made by her and her five children. Does my mother have the absolute right to sell the property without applying the partition deed? If the partition deed is applied, then should all of us agree to the sale to get the property sold? Does my mother have the right to sell without our consent since she is the absolute owner despite having the partition deed which was drafted later. She is the tax payer and takes care of the property ever since dad's death.
5 Answers from Attorneys
Dear client...
NO once the partition deed is made and registered now you all become the owner ofthe property and at the time of selling all consent is required...
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Your mother is the absolute owner and can dispose the property the way she wishes to do so......Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.
Once Partition is done, she owner only to the extent the share, which went to her. The shares which went to others - she has no control over it, nor she is entitled to deal with others' share.
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