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Documents required to sell one's own share of the partitioned property


28-Apr-2023 (In Property Law)
We have a property in udupi which has been partitioned between four brothers. Each has only RTC in their name and Xerox copy of partition deed. What other documents required if one of them wishes to sell property. pls reply.
Answers (2)

Answer #1
503 votes
Since you have mentioned RTC, i am assuming that this is an agricultural land. Please note that in case you do not hold the original partition deed, you would be required to atleast have a certified copy of the same. Apart from the RTC, you will also need to ensure that your name is registered in the Mutation Register and you have an extract of the same. The partition deed, RTC and MR extract will form the main basis for the title. There are other secondary/ancillary documents such as village map, akarbandh etc. which will also have to be looked into.
People also ask

Can a registered partition deed be Cancelled?

You cannot cancel a partition deed unilaterally. To do so, you need the consent of both parties. This seems impossible. What can you do? You could challenge the partition deed before a court stating it was fraudulent. Then you might have some success.

What is the legal validity of unregistered partition deed?

The registered instrument will overrule the unregistered deed. The partition is legal, and since it was not registered in court, you cannot challenge it.

What is the limitation period for partition deeds?

According to the Limitation Law, if a plaintiff files a partition suit, the limit is 12 years after the date the plaintiff claimed the property.

How long does a partition last?

The partition suits vary from case to case. The suit can be concluded at any time. On average, the process of property division takes 2 to 3 years.

  
Answer #2
800 votes
We have a few doubts:

who has the mother deeds?

When did you partition the property?

Are all 4 brothers selling the property?

When you say each brothers name is mentioned, do you mean you have a joint katha or do you mean that the Sy. No. is bifurcated now?

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