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partition conducted by a panchayat-is it valid?

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(Querist)
17 October 2009

A family partition of property is conducted by the elders of the village(5 of them) and both the parties to this family arrangement have agreed and signed the partition deed and all the panch have also signed this deed. Is this deed valid in the eyes of law? Does the courts accept this partition?


joyce (Expert)
17 October 2009

Yea, when in the eye of law the oral partition is considered as valid. even it says once partition always a partition so here, elders of the village along with the family members who gave the consent to the same n got the partition-deed verified and signed. This partition is valid in the eye of law, even courts will accept the partition.

Sachin Bhatia (Expert)
17 October 2009

Yes this deed is valid in the eyes of law. Yes court will accept this partition.

adv. rajeev ( rajoo )Online (Expert)
18 October 2009

I agree with joyce, but it should be acted upon, if the female members is not alloted the share and if she files the case this deed will not be admissable document.

adv. rajeev ( rajoo )Online (Expert)
18 October 2009

female members means married daughters.

Adinath@Avinash PatilOnline (Expert)
18 October 2009

I AM OPINION THAT PARTION OF IMMOVEABLE PROPERTY REQUIRED COMPULSARY REGISTRATION UNDER REGISTRATIO ACT, PARTITION CONDUCTED BY PANCHAYAT IS FOR FAMILY ARRANGEMENT,IT SHOWS ONLY JOINT SHARES OF FAMILY MEMBERS BUT UNLESS IT REGISTERED IT IS NOT VALID IN THE EYES OF LAWS.

Raj Kumar MakkadOnline (Expert)
18 October 2009

I go with Adinath. As per section 17 of Registration Act, if the value of the property exceeds Rs. 50/-, it requires compulsory registration. Partition agreed in panchayat is an indication of the acceptance of the parties but if any of the parties raises any dispute before the court, then it bears no value therein.

Elango (Expert)
18 October 2009

See a "deed of partition" is compulsorily registrable - the non-registration would invalidate the "deed" but not the partition. Such a partition can not be evidenced/ proved by that "deed". If actually a partition has took place by the decision of panchayatdars and that the same is reduced into writing that it named as "Panchayat Award", (1) it may evidence the divided status of parties to the deed, (2) that must by filed before the concerned Court to get the award to be converted as a "decree of Court" under Arbitration Law. In order to avoid the time consuming process, the decision of the Panchayatdars could be given direct effect to - such as the "Sub Division" of properties in the "Revenue Records", change of name in all the revenue records corresponding to the decision/division, etc., and after that, the same - the division already effected - may be reduced into writing strictly mentioning the division already over - but not the one made by that document. Such a document evidencing the already effected partition is valid in Law for the proof of the "already effected" partition.

M.Chandra shekar (Querist)
18 October 2009

Thanks.

There were only two brothers and the father and mother expired intestate. The brothers effected a partition and was in writing, the same had been accepted by the revenue authorities, who had mutated the property in the name of the allotee. While executing the sale deed, one of the brothers, who had not been the beneficiary(B) agreed and signed the sale deed. The recital in the document was that the other brother (B)had renounced his rights,title,interest and claim in the schedule property and signed as a consenting witness.
To be more cautious, (B) was signed as a consenting witnesses, wherein the recital clearly states, that he has totally renounced his claim.
Can the legal heirs/successors/children of (B) ever claim that they had claim over the schedule property?



Guest (Expert)
18 October 2009

Since the property is 'ancestral', the children of B, if not included as a party to the partition deed, can very well claim their legal right.

R.M.Bhaduri (Expert)
18 October 2009

M.Chandra shekar Ji,
The law is very clear on the point that when a party renounces his/her claim then it must be through registered deed i.e., through Deed of Relinquishment, even though the partition by the Panch is valid in the eye of law and as such the legal heirs of (B) can claim for their right.
R.M.Bhaduri, Advocate

joyce (Expert)
18 October 2009

Every legal heirs has their right in the ansectral properties.I agree with Bhaduri & Siva.



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