Is unregistered partition deed valid?

Shamshuddine Khadarnayak (Querist) 27 June 2016 This query is : Resolved

Sir a unregistered partition deed was written in year 1989 by my maternal grandfather, regarding the distribution of agricultural lands between his sons. The lands have been distributed as per the will of my grandfather. It was clearly mentioned that there is no share to person X in a particular land. Now since the person X is dead, his elder son has sent us a legal notice claiming equal share in that land.

Since the partition deed is unregistered, can it stand valid in our fight at court?? Please suggest.

Regards

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R.K Nanda (Expert) 28 June 2016
First send reply to legal notice by lawyer.

Rajendra K Goyal (Expert) 28 June 2016
If the partition was according to will, property was not ancestral, son has little merits in the case.

Reply the notice received.

Kumar Doab (Expert) 28 June 2016
It is WILL or partition deed?

WILL should be valid and and it is not necessary to be registered.

If the WILL has been duly acted upon and there has been no cloud on authenticity then it should be in your favor.

Show all docs on record to a very able counsel and submit a fitting reply to legal notice.

Shamshuddine Khadarnayak (Querist) 28 June 2016
Sir, I have not replied to the notice. Since it was signed by my grandfather I think it is a partition deed. Is unregistered partition deed admissible under mohammaden law?

If I don't reply to the notice, what is would happen??

ADV-JEEVAN PATIL, MUMBAI (Expert) 29 June 2016
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ADV-JEEVAN PATIL, MUMBAI (Expert) 29 June 2016
Will need not be registered but partition nees to be registered however send reply to the legal notice.If it is a wil opposite party will not succeed and will have little merits