Legal validity of ancestral property agreement

Dilip Patel (Querist) 17 March 2025 This query is : Resolved
My father and we 3 brothers with two others as witness, signed property division agreement in 1999, without consent or signature of my 2 sisters(Names are not mentioned in the document). This is unregistered document. In 2010, after death of father in 2001, all names of mine and my siblings were entered in 7/12. Does any one of them can claim part of property(Share), accordingly mentioned in this document?

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An unregistered property division agreement signed by your father and brothers in 1999, excluding your sisters, is unlikely to be legally valid. Your sisters are entitled to their rightful share of the ancestral property, even if their names weren't on the initial document or if the property has since been recorded in other names. They can claim their share at any time, so consulting a local lawyer with all relevant documents is recommended.

T. Kalaiselvan, Advocate (Expert) 17 March 2025
Firstly the unregistered partition deed is not recognized as legally valid.
Second thing, your sisters are entitled to a rightful share in the ancestral property.
There is no limitation to file a suit for partition hence they can claim their rights in the property anytime which would be maintainable

Advocate Bhartesh goyal (Expert) 17 March 2025
Since partition deed is unregistered and also not among all the shareholders so it will be considered invalid document. Your sisters have legal right to claim their respective share in property.

kavksatyanarayana (Expert) 17 March 2025
Yes. The unregistered partition deed is not valid. Your sisters have equal rights over the property.

Dr. J C Vashista (Expert) 18 March 2025
Your sisters have equal share in the intestate property.
Consult a local prudent lawyer with relevant records for professional advise.

P. Venu (Expert) 21 March 2025
The property does not appear to be ancestral. The sisters could not have been excluded. They are entitled to their share even if the property has been partitioned metes and bounds and mutations have been carried out in the revenue records.

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