How to carry out a partition deed after father's death

23-Apr-2023 (In Property Law)
Father expired in 2008 Mother, 6 children (3 brothers, 2 sisters) There are two properties for which the partition deed has to be executed. Sons are taking physical properties as part of their share and the sisters would be compensated by the brothers by way of cash and jewellery But the sisters are not willing to show the receipt of cash and jewellery. Can the partition deed be done without showing it and if we execute the deed what are the probable forms of litigation that we can expect from the sisters. If the sons want to sell the properties at a later stage to a third party, then would the buyer pose objections to the incomplete partition deed.
Answers (1)

Answer #1
532 votes
You will need to ensure that your sisters are also a part of the partition deed. They need not be given physical properties but it is essential that they are also parties to the document. You may mention a clause in the deed that the sisters do not want any portion/share in the physical properties. That way you are safeguarded.

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