Partition of Ancestral Property

This query is : Resolved 

30 March 2011

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.

R.Ramachandran (Expert)
30 March 2011

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.

Uma parameswaran (Expert)
30 March 2011

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.

senkottayan (Expert)
30 March 2011

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..

valentine thakkar (Querist)
30 March 2011

Thanks all for the valuable advice.

Sri Vijayan.A (Expert)
31 March 2011

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

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