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Deed of declaration

(Querist) 07 July 2014 This query is : Resolved 
Hi,

The seller wants to sell the property which was allocated to him by means of 'Deed of declaration' (between the brothers). Basically this property purchased by their father ( and he is no more). The brothers made 'Deed of declaration' in front of tahsildar instead of 'partition' deed in 'Registrar office'. Someone says they need to register that 'Deed of Declaration' in 'Sub Registrar office' before I purchase. But the seller said that they have already sold other properties by using the 'Deed of Declaration', which means it's registered. Please advise me what to do.

Thx in advance,
Nitish Banka (Expert) 07 July 2014
Any deed which changes the title requires registration...if the deed is registered then you may check the registrar office.
Advocate. Arunagiri (Expert) 07 July 2014
By What ever name you call, it is a partition deed. It has to be registered by the brothers to obtain the rights over the property.

Lawyer SALEEMA KABEER (Expert) 07 July 2014
There is no legal necessity to register the deed which is written subsequent to the oral partition effected between the sharers to confirm the same.


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