Can we sell land without partition?

If you sell your undivided share the prospective buyer cannot take possession of any specific part of the land unless the same is partitioned. Nothing stops you from selling your share but the buyer will have to file a suit for partition to get the possession. Before that you have no legal bar to sell your share.

Is it necessary to register a partition deed?

To attain legal validity, a partition deed must be registered with the sub-registrar of the area in which the immovable asset is located. This is mandatory under Section 17 of the Indian registration Act, 1908. (However, it is not mandatory for the co-owners to register the partition deed in the state.)

Can I sell property with partition deed?

When the property is owned by several individuals, a partition deed makes sure there’s a legal division of the property. Upon the execution of a partition deed, each co-owner is entitled to transfer, gift or sell their share of the property according to their will.

Can ancestral domain be sold?

The indigenous concept of ownership generally holds that ancestral domains are the ICC’s/IP’s private but community property which belongs to all generations and therefore cannot be sold, disposed or destroyed. It likewise covers sustainable traditional resource rights.

What if ancestral property is divided?

Simply stated, for a property to remain ancestral, no division should take place up to the four generations. An ancestral property that has been divided through a partition deed or a family arrangement, ceases to be an ancestral property as soon as the arrangement comes into effect.

How ancestral property is divided?

Simply stated, the rights of the stakeholders in an ancestral property are decided on a per-stripe basis and not on a per-capita basis. If Ram has two brothers, their ancestral property will first be divided into three shares. The share of each brother can then be divided among their offspring and so on.

Can partition deed be challenged?

You can challenge a Partition Deed if you feel you are not genuinly allotted the share through a suit for partition. You should have a better reason to tell the Court why you were silent for the past three years.

When does an ancestral property cease to be ancestral property?

An ancestral property that has been divided through a partition deed or a family arrangement, ceases to be an ancestral property as soon as the arrangement comes into effect. In other words, when a division or a partition takes place in a joint Hindu family, the property becomes self-acquired in the hands of the family member, who has received it.

Can ancestral land be transferred?

Ancestral land can also be transferred. The coparceners who have right over the ancestral property can transfer their respective shares or interest in the property. If the ancestral land is divided among the family members or there is a partition of the property, the property ceases to be ancestral.

What happens if a partition deed is not registered?

If the partition deed is not registered by paying the applicable stamp duty and registration charges, it will have no legal validity. Consequently, the unregistered partition deed will not be admissible as an evidence under Section 49 of the Registration Act, 1908.

How can I get 1/3 share in ancestral property?

As far as ancestral property is concerned you have share in the said property. if you demand share by approaching the court you will get 1/3rd share in the properties. But your father can will out his 1/3rd share in the ancestral property to any body. My Grand father has 2 sons and he transferred his house property to my father name