Legal Question in Real Estate Law in India
A person purchased an immovable property in the year 1960 vide regd sale deed. In the year 1965 he along with his five brothers mutually partioned the said property by virtue of regd partition deed and each one is in possession of their respective shares since the date of partition and in the municipal records too their names has been mutated saperately.
Whether the person who purchased the property in 1960 can divede the said property into six parts and the partition deed is valid?
5 Answers from Attorneys
most relevant fact is missing. Whether, in 1960, the person purchased the property in his name or in joint names of brothers? Or whether the property was purchased out of joint funds or not?
May be. What is the issue?
yes, it is valid.
yes, it is valid. unless it is shown that the property was purchased out of joint/ancestral funds.