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skumar   31 January 2018

Unregistered partition deed

During the year 1996, my father and his two elder brothers created a partition deed on 20 rs stamp paper which is unregistered please let me know whether it is valid partition deed or not?

In that partition they have given us some land and now the land has been unoccupied but registered on the other person name .

Please let me know whether i have any rights to claim the land now? 

-Skumar

 



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 5 Replies

R.Ramachandran (Advocate)     31 January 2018

Unless one sees the document and without discussing in detail with you, it is not possible for anyone to give any answer to your query.

skumar   31 January 2018

I agree sir..thanks for your reply..

i approached two laywers , one said unregistred partition deed cannot be a valid one in the court.

the other one said, even the partition happened oraly also valid, so definitely your partition deed is valid one..which can be submitted in the court as a evidence..as all the eveidence signed persons are alive and ready to support me...

Hence in a confused state..

R.Ramachandran (Advocate)     31 January 2018

Did you show the partition deed in your hand to the two lawyers?  Did the two lawyers go through the same?

Did the two lawyers give you written opinion, supported by caselaws with reference to the fact situation of your case?

1 Like

Kumar Doab (FIN)     01 February 2018

Oral Partition may have to be proved.

Unregistered partition deed may be say; MoU at least………….however the property is not being enjoyed by persons in Unregistered partition deed, as per your post.

It shall be appropriate to get proper legal opinion from a very able local senior counsel of unshakable repute and integrity specializing in revenue/property/civil for    considered and proper legal opinion…..

This may cost some FEE but can defend long term interest and hard earned monies.

Kumar Doab (FIN)     01 February 2018

Let us assume that said partition; Oral or unregistered is not valid then succession shall set in.


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