Father and 3 son's are registered on sale deed in 1990. Now father and 2 son's sold their part of share with 3/4th to other party mentioning "undivided amd unspecified share",so father and 2 son's signed the sale deed excluding 3rd son for which registrar agreed. Oral partition done within family members and boundary wall raised and seperated 3/4th and 1/3rd from 4 shares. Now the issue is 3rd son wants registration to be cancelled and partition to be done and wants 1/3rd share from the middle of the property. 3/4th owner is in possession from last 1 year with property tax and electricity bills and tenants rental agreement on their name. What is resolution given by court? Can 3/4th owner construct in his property while case is in court? Please advise Thank you
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1. There is no legal bar for the joint share holders to sell their undivided share.
2. Now the buyer after purchasing the undivided 3/4th share can file a suit for partition to get his share demarcated by court.
3. The 3rd son by no way can cancel the sale deed.
If the partition was a family arrangement and he agreed to it then he cannot go back and challenge the very same sale deed in which he was a party.
If was not taken into confidence and a decision was imposed upon him tgen he does have a case and in case of cancellation of sale deed filed by him, he can get adequate relief.
Purchaser should file suit for partition for division of property by metes and bounds
2) registration would not be cancelled
3) 3rd son cannot insist that he be given share in middle of property
See the 3rd son can file for partition though court will decide and give share though same may be not given from the middle of the property.
The son along the partition suit can file an application of interim injunction seeking stay on transfer and construction on the property.
No if there is an stay in the said matter he can't construct. Even if he constructs without stay and later court grants stay then it has to be demolished
1. Undivided or Non-Partitioned property CANNOT be Sold to outsider parties (means other than family members /co-owners).
2. Without proper Survey & Demarcation by Revenue authorities, a partitioned portion can never be identified and allotted sub-survey Plot numbers.
3. Outsider Party holding 3/4 share has no rights to do anything, till proper Partition Deed is executed and point no. 2 (above) is done.
3. A Civil Court suit, can be filed to set aside the Sale Deed, with directions to conduct Partition proceedings.
Now not possible. Your share separated with foundry wall is certain and you agreed to oral partition. And even court will not grant you partition in such a way. You could have obtain either corner side only.
Until no stay from court, he can construct.
One or more co-owner can sell his/their share without partition or demarcation without consent of others.But others owner can file a suit for preemption right to restrain stranger.
1. Yes if there is no stay on construction then 3/4 owner can do construction of house.
Though the oral partition is valid and the shareholder is entitled to enjoy the allotted share of the property without any legal impediment, the other party to the partition who has not got the partition deed reduced to writing and registered, can file a suit for proper parturition with metes and bounds and good and bad soil with separate possession of his legitimate share in the property.
Consult an advocate and proceed on the advise received.
Hi,
The third son may file the case for cancellation of sale deed and may ask for the share of the property in middle, but the chances of the success of the case will be less because the sale deed done was known to the son and he did not objected that time. Further, the limitation may also come in the way.
