Unregistered partition deed

This query is : Resolved 
 

(Querist)
15 April 2018

• 4 brothers A,B,C,D jointly bought a plot and made an unregistered partition deed
• Using this partition deed, they got CMDA approvals and built houses in their marked partitions - 30 years back
• All of them have been paying Property Tax,EB, etc for their houses on individual names
• D alone got a separate patta also for his partitioned area
• Now when D tries to sell his house, other brothers are objecting that they need to give NOC.
• Their contention is that since the partition deed is unregistered, it is still joint property.
• D’s contention is that since
1) house building approvals were obtained using the partition deed that clearly shows their intent to live separately in their marked portions,
2) all the tax, etc are being paid for 30 years on individual names for their individual houses and
3) he got patta for his portion on his name,
these tantamount to clear ownership establishment and partition deed becoming
fully valid. So he doesn’t need their NOC for selling his house

Question: Can D go ahead and sell his house to an outsider without NOC from his brothers?


Ms.Usha Kapoor (Expert)
15 April 2018

Since partnership is unregistered according to section 69 partners cannot sue or be sued and cannot enforce contractual rights among them. So D can sell off the property without NOC from his brother partners as all partners from the beginning evinced an interest and intention to be separate. as per the querist version as above.

Dr J C Vashista (Expert)
16 April 2018

1. Is it a "partnership" or "partition" as responded by the impersonating expert? I think the author is amply clear and mentioned it an agreement of "partition", if I am not wrong.
2. Unregistered partition agreement has no evidentary value and invalid till the agreement is not mutated in individual name(s) of shareholders. Did you (all) apply for mutation of your share in terms of unregistered partition to municipal authorities?
3. D is yet to get his/her demarcated and clear share vis-a-vis title in the property.
4. Consult a local prudent lawyer with subject "Unregistered partition" agreement. However, beware of impersonating expert, who is able and competent enough to misguide anyone including yourself.

N.J.S.Rajkumar alias narasimha (Expert)
16 April 2018

Any Un Registered Document would be Legally Invalid. Better seek an amicable solution.

Ganesh Ram (Querist)
16 April 2018

Thanks all. Related query: Suppose D wants to register the partition now, can he put a partition suit against the others. Normally how long it takes these days to get a court result for partition suit?

N.J.S.Rajkumar alias narasimha (Expert)
16 April 2018

The Partition Suit could be completed in 3 month basing on the co operation and co ordination of the all related persons. Discuss with local Advocate.

R.Ramachandran (Expert)
16 April 2018

You have to necessarily show the partition deed (unregistered though) to a lawyer well versed in property law, discuss the matter, and then take appropriate action.
Non-registration of the partition deed will not be bad, in all the situations. In some situations even an unregistered partition deed will be accedptable. This, a lawyer of property law will be able to appreciate and advise you.
The minimum thing is, without seeing the contents of the partition deed, it will not be possible to give appropriate answer to your query.

Kumar Doab (Expert)
16 April 2018

Which personal law applies in this case?
Or all you all Hindu?
Te other 3 gave their consent for said patta and even building plans in writing?
Confirm!

Kumar Doab (Expert)
16 April 2018

Apparently sale deed does exist in the name of all 4.
The said deed termed as partition and also said as unregistered deed also exists as per query.
All 4 are enjoying their share as per said unregistered partition deed.
One D has also got said patta….
Apparently consent of rest 3 might have been obtained..
Hence rest 3 may not face any issues…to get say; patta if required..
The mutation records in O/o Authority under whose jurisdiction property falls does not seem to have updated record of partition by boundaries…
Without consent of 3 other Co-sharers D may not be able to sell..
Oral partition and even MoU can be valid………..
The said documents and enjoyment and other facts posted by you can help to partition by boundaries as on actual positions in total property.
Why don’t D agrees to involve other 3 as consenting/witnesses and let IT be trouble free transaction for all 4 and buyer..!
IT can better than said NOC.

Kumar Doab (Expert)
16 April 2018

What are the other T&C in said unregistered partition deed?
Is IT narrated that anyone shall seek NOC from others before disposing his/her share and/or 1st ask others to buy?

If NO and if D sells his undivided share to outsider/stranger IT may …………….may ensue litigation trapping buyer, seller and other 3.
Which may be avoided..

Kumar Doab (Expert)
16 April 2018

If conditions/demands of other 3 are reasonable then pursue amicable settlement and register the said unregistered partition deed with boundaries as per actual position and all related facts/docs as already posted and these are known to you .

D can approach court on said docs and facts and IT is likely that D shall get relief.....

Agreed that IT may take less time if all Co-operate and Lawyers of OP does not tutor (unethical) his/her clients delaying tactics...

In situation expressed by you the said unregistered deed can fetch you desired relief..

Azhagananth (Expert)
16 April 2018

Without getting Release deed/ N.O.C from A to C,any sale done or going to be done will not be valid and binding.

The Unregistered partition deed can be used for collateral purposes for the fact of proving for the possession with regard to partition of the property.

It is safe to file suit first to safe guard your rights [ A to C from D]. Rush to civil lawyer near by you...

Make a General notice of the above fact in a Newspaper if necessary



Guest (Expert)
16 April 2018

Four vague and irrelevant posts made by Mr. Kumar Doab.



Guest (Expert)
16 April 2018

Four vague and irrelevant posts made by Mr. Kumar Doab.



Guest (Expert)
16 April 2018

Four vague and irrelevant posts made by Mr. Kumar Doab.



Guest (Expert)
16 April 2018

Four vague and irrelevant posts made by Mr. Kumar Doab.

Kumar Doab (Expert)
16 April 2018

IT=@PSD
the last postor at 13th post and then multiple posts
from multiple fake ID’s in all threads
has today also wasted another day of precious human life at IT’s fag end in afflictions with irrelevant and in IT’s hallucinations and posting IT’s Trademark brickbatting, nuisance at LCI and else

IT will post by at 05.27pm tomorrow (not before not later) all other fixed match threads in which IT=@PSD
Has littered IT’s Trademark Tamashaa as alone Tamashbeen ( IT’s own favorite words)


Kumar Doab (Expert)
16 April 2018

IT=@PSD
the last postor at 13th post and then multiple posts
from multiple fake ID’s in all threads
has today also wasted another day of precious human life at IT’s fag end in afflictions with irrelevant and in IT’s hallucinations and posting IT’s Trademark brickbatting, nuisance at LCI and else

IT will post by at 05.27pm tomorrow (not before not later) all other fixed match threads in which IT=@PSD
Has littered IT’s Trademark Tamashaa as alone Tamashbeen ( IT’s own favorite words)


Kumar Doab (Expert)
16 April 2018

IT=@PSD
the last postor at 13th post and then multiple posts
from multiple fake ID’s in all threads
has today also wasted another day of precious human life at IT’s fag end in afflictions with irrelevant and in IT’s hallucinations and posting IT’s Trademark brickbatting, nuisance at LCI and else

IT will post by at 05.27pm tomorrow (not before not later) all other fixed match threads in which IT=@PSD
Has littered IT’s Trademark Tamashaa as alone Tamashbeen ( IT’s own favorite words)


Kumar Doab (Expert)
16 April 2018

IT=@PSD
the last postor at 13th post and then multiple posts
from multiple fake ID’s in all threads
has today also wasted another day of precious human life at IT’s fag end in afflictions with irrelevant and in IT’s hallucinations and posting IT’s Trademark brickbatting, nuisance at LCI and else

IT will post by at 05.27pm tomorrow (not before not later) all other fixed match threads in which IT=@PSD
Has littered IT’s Trademark Tamashaa as alone Tamashbeen ( IT’s own favorite words)


Kumar Doab (Expert)
16 April 2018

IT=@PSD
the last postor at 13th post and then multiple posts
from multiple fake ID’s in all threads
has today also wasted another day of precious human life at IT’s fag end in afflictions with irrelevant and in IT’s hallucinations and posting IT’s Trademark brickbatting, nuisance at LCI and else

IT will post by at 05.27pm tomorrow (not before not later) all other fixed match threads in which IT=@PSD
Has littered IT’s Trademark Tamashaa as alone Tamashbeen ( IT’s own favorite words)


Kumar Doab (Expert)
16 April 2018

IT=@PSD
the last postor at 13th post and then multiple posts
from multiple fake ID’s in all threads
has today also wasted another day of precious human life at IT’s fag end in afflictions with irrelevant and in IT’s hallucinations and posting IT’s Trademark brickbatting, nuisance at LCI and else

IT will post by at 05.27pm tomorrow (not before not later) all other fixed match threads in which IT=@PSD
Has littered IT’s Trademark Tamashaa as alone Tamashbeen ( IT’s own favorite words)




Guest (Expert)
16 April 2018

The latest 6 vague and irrelevant posts of Mr. Kumar Doab, a fake expert with unreal name demonstrates fully about his disturbed mind.




Guest (Expert)
16 April 2018

The latest 6 vague and irrelevant posts of Mr. Kumar Doab, a fake expert with unreal name demonstrates fully about his disturbed mind.

Kumar Doab (Expert)
16 April 2018

IN this thread and all threads today and before and even in days to come

IT=@PSD

is =NIL,ZERO

IT's =@PSD daily fixed match nuisance, abuse can be seen under all of IT;s multiple fake ID's (including permanently blacklisted) against all querists

BE IT woman, pregnant woman


members,

Experts BE IT woman
,

LCI admin............

in all threads and profiles of IT and all Experts.....including but not limited to all Experts in this thread also............

IT also has obnoxious insatiable habit of calling a woman a man and a man a woman
NOW IT will run to litter nuisance once again..

Kumar Doab (Expert)
16 April 2018

Same Query;
http://www.lawyersclubindia.com/experts/Unregistered-partition-deed--678361.asp

Kumar Doab (Expert)
16 April 2018

IT=@PSD

has posted from only one of IT's=@PSD's multiple fake ID's

From one of IT's=@PSD's multiple fake ID's

IT shouts to another that is featuring above to show off and abuse and litter IT's trademark tamsahaa

to save one ID with picture of very old and sick entity getting blacklisted

and have atleast one ID
to litter daily at LCI and elsewhere...

Full blown show of unsound, disturbed dull mind (IT's own favorite words)

Now daffa ho jaa..
Get lost

Kumar Doab (Expert)
16 April 2018

At the cots of repetition;
All posts of IT=@PSD in this thread are also irrelevant.. as usual...........

and will remain irrelevant as usual......

Ms.Usha Kapoor (Expert)
18 June 2018

I agree with experts.



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