Legal Question in Real Estate Law in India
A gift deed has been done by mother to her two sons, one of the sons wants to sell his half of the property, can he go for a partition deed? Is it necessary to go for a partition deed to sell his portion of the property?
Asked on 1/30/12, 10:48 pm
2 Answers from Attorneys
www.lawconcern.com S.Seshadri
www.lawconcern.com
Has the gift deed been registered? If yes and the Gift deed confers undivided 1/2 share to each of the two sons, then one son can sell his ownership right without a partition deed. However, it is better to consult a lawyer before the sale as there may be nuances of law to be addressed. www.lawconcern.com offices in chennai and bangalore
Answered on 1/31/12, 10:14 pm
Shrichand Nahar
S.V.Nahar, Advocate
If a identified portion is to be sold, then partition is necessary.
For sale of undivided share, partition may not be necessary.
Answered on 6/08/12, 12:19 am
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