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Partition of Ancestral Property (Civil Law)

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This query is : Resolved


Author : valentine thakkar

Posted On 30 March 2011 at 09:48

The deed of Ancestral Property Partition was executed by all parts on 20 Rupee stamp paper without notarisation or registration. Now the Karta of the HUF wants to revise the partition deed. I have advised the client to first get the old deed cancelled by process of law and then new deed with proper stamp duty be executed and registered. However, the party wants to do a new deed and have mention in it that the old one may be treated as cancelled. Or else a registered will may be prepared. Please advise.




Expert : R.Ramachandran

Posted On 30 March 2011 at 10:55

If all the parties to the partition agree, it would be OK, if in the new partition deed a mention of the old unregistered partition is mentioned and agreed to be cancelled.
However, the new partition deed requires to be registered.



Expert : Uma parameswaran

Posted On 30 March 2011 at 15:14

Going for cancellation and registering new deed is double work and increase the expense. It is better do it in one deed itself with the consent of all the legal heirs.



Expert : senkottayan

Posted On 30 March 2011 at 15:46

The cancellation may be mentioned in the later one and there is no necessity to cancel the first when all the parties to it agrees.

But the second one must be registered according to law and they may quote the 1st one and it's cancellation..



Author : valentine thakkar

Posted On 30 March 2011 at 23:53

Thanks all for the valuable advice.



Expert : Sri Vijayan.A

Posted On 31 March 2011 at 17:41

Agree with Mr.RR.
A fresh partition deed is enough.
Wherein you mention about the earlier arrangement.
Registration is must.


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