Partition deed
Advising Seeker
(Querist) 15 September 2014
This query is : Resolved
Hi,
My great grandfather took a property on lease in 1946. It was given in his name. he had only son but had 4 brothers. He allowed them and their family to live in that property since then. Till the date he was alive, he did not make any partition deed and his brother wanted him to divide the property equally but he did not. He died in late 70's and till that the property was in his name even after his death as well. In mid 80's it was renamed in the name of his son (my grand father). His brother tried hard to get the share into it but could not. they fought with us but couldnt get any share though they are still living in the aforesaid property. The leased property was successfully renamed in the name of my grand father. The House tax is being paid by my father and grand father (till he was alive).
Later, in 1984 they (4 brothers) came up with a partition deed, which was unregistered and started saying that it was equally partitioned in 1950-51 with the consent of my great grand father (at the time when my great grand ftaher was alive). now they have filed a case to get their shares. We are sure that it was fabricated after the death of my great grand father because we found a document written by one of his brother to the governing authority saying that the Partition Deed was prepared ORALLY.
Property is in the name of my Late Grand Father and he had given all his property to his only son through a will.
My query is that how can we challenge this partition deed? Is it (partition deed) required to be registered? Please suggest me what to do now and how to tackle it?
ROHIT SHARMA
(Expert) 15 September 2014
1. The record of rights of such land do bear the name of your grandfather.
2. The partition deed that which such brothers of your grand father have now produced has no legal consequences and even if they file suit for partition it will not survive. The bar of limitation will be attracted.
3. As of now your father needs to get a legal succession certificate from the court and have the Will probated so that his name can be mutated.
4. Otherwise the delay may cause objection as why the legal heirs had not got the mutation done.
5. If it is urgent and you need more precise discussion in this regards you may consider to opt to have private legal consultation with this lawyer.
Regards,
Adv. Rohit Sharma.
(B.Sc. L.L.B. L.L.M.)
(M) : 0-9824047971.
Rajendra K Goyal
(Expert) 15 September 2014
Oppose the suit filed by others on the basis of partition deed which is old enough and required registration. The property is in the name of your grandfather who has made a will is favorable for your case.
Devajyoti Barman
(Expert) 16 September 2014
Partition deed unless registered has no force.
Advising Seeker
(Querist) 16 September 2014
Hi All,
Thanks for reply.
I have a query regarding the same is that, the partition deed, they are showing has my great grand father's signature, (We are sure about that it was fabricated after his death and was signed by an expert copy cat). Can we still challenge this un-registered partition deed? Is there any provision for this in our Indian Law? Please help.
ROHIT SHARMA
(Expert) 16 September 2014
1. The only question of fact needs to be ascertained is that whether your grandfather's name was mutated as being the Karata of a joint Hindu Family that comprised the family jointly with his brothers and if he was a karat then it can be assumed that the property in issue must have ancestral.
2. If there exist a partition deed then its contents have to be examined and this will answer the above proposition to be true or not. Is there a single signature of your father or are have the other brothers of grandfather too have singed.
3. If only one signature appears then the deed does not hold good in law as the partition done has to acknowledged y by putting of the signatures by all the share holders.
4. Though this deed may not have been registered yet, it does form a relevant fact and can be adduced as an evidence as secondary evidence but whether this evidence is proved or disproved or not proved will be decided if a civil suit is lodged by the contesting parties.
5. Many legal factors will be needed to be discussed to arrive to a conclusion as to whether challenging such evidence can be pursed lawfully and what likely consequences can be foreseen.
6. Further string of query will not be attended to by me specially and exclusively as this is the what i have had to offer as free advise. You can however post further string and for that you are assured you will receive a good response from other learned experts.
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