how to enforce unregistered partition deed (in Andhra Pradesh)

Querist : Anonymous (Querist) 24 March 2011 This query is : Resolved
Dear Sir,
My grandfather executed a partition deed which was left unregistered. The partition deed has a list of immovable and movable assets which were distributed among by father and uncles. Everyone are enjoying their share with exception to one immovable property. Its between my father and elder uncle and the property is in jubilee hills. Since the partition deed is not registered the court refused to take it as evidence and we are about to loose our case in lower court.

What's the best way to enforce the partition deed and my father gets his share of property legally.

Please find enclosed the partition deed signed by all while my elder uncle has initialled in the margins.

Please suggest.

thx

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M.Sheik Mohammed Ali (Expert) 24 March 2011
dont worry, other legal heir shares holder give any objection in your share,you can register at register office, i think they will ask for extra amount in delay registration.

Raj Kumar Makkad (Expert) 24 March 2011
Registration of partition deed is mandatory otherwise either of the parties can back out of the settlement at any later stage which is being faced in your matter.

Registration of partition deed is not possible at this stage when your grand father, who was owner of the properties at that time, has expired. As your father and your uncles (including mother and sisters of your father, if any) got legal right of ownership in equal share after demise of your grand-father so a fresh partition deed is required to be executed or your father can file a civil suit for partition and possession and his share is intact.

Shashikant V. Patil (Expert) 24 March 2011
Our lLearned Rajkumar is absolutely right, you cannot enforce the unregistered partition deed at this stage. as per your query, all are enjoying their respective shares as per the then distribution so you may execute a registered a fresh partition deed to the extent of undisputable shares and you mentioned about the disputable shares of jubilee hills immovovable property . You may settle with your uncle before executing a fresh partition deed.

Jitendar Kumar gupta (Expert) 24 March 2011
Ask the lower court to send the partition deed to the collector of stamps and there you have to pay 20 times stamp duty and the said deed shall be got registered.
If need more information call at 9868529732 or mail to guptajkin @gmail.com

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