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

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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.

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Answered on 6/08/12, 12:19 am


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