Unregistered partition deed

Rastogi (Querist) 02 September 2015 This query is : Resolved
Out of 3 brothers only 2 brothers have signed for Unregistered partition deed which also specify the share of the brother who has not signed the property.

The deed is also signed by other 2 witness.

Can we use this unregistered document in civil court for proving the parition

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malipeddi jaggarao (Expert) 03 September 2015
First of all partition deed is to be registered. And one of the party to the partition not signed the unregistered document. It will not have any evidential value according to my opinion.

Dr J C Vashista (Expert) 03 September 2015
It is not a legal partition and can not be taken in evidence.

M V Gupta (Expert) 03 September 2015
If the partition is of immovable property, then registration is must. Un registered partition deed of Immovable property is non est in the eye of law and will not be considered by court. But it may be relied on for movable properties. The person who has not signed it will not be bound by it.

Rajendra K Goyal (Expert) 03 September 2015
Agree with the expert M V Gupta.

Kumar Doab (Expert) 03 September 2015
Precisely explained by Expert Mr. M.V.Gupta.

Fully agreed with Experts.

For the person that has not signed the partition deed it is not even some kind of MOU.

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