validity of unrgistered Partition deed
Querist :
Anonymous
(Querist) 14 July 2011
This query is : Resolved
My mother had a property in Pune which she has bought in 2006. She expired in 2007 leaving behind my father and four sons other than me (Total 5 sons).
As per Memorandum of Partion deed , the same property has fallen in my share. However the deed made in July 2011, on a stamp paper of Rs 100 (in state of jharkhand) is not registered.
I plan to sell the property. The prospective buyer says that the unrgistered deed is not valid.
will someone educate me on the same.?
R.Ramachandran
(Expert) 15 July 2011
You have to first get the partition deed registered.
Thereafter on the basis of the registered Partition Deed, you have to approch the Authorities at Pune to mutate your name against the property in pune.
Thereafter you will be able to sell the property at Pune. But, you must also have the earlier documents pertaining to the Pune Property with you. Even if your name is mutated, if you do not have earlier back papers/documents, till you will not be able to sell the same.
Querist :
Anonymous
(Querist) 15 July 2011
The property was partitioned orally first. This oral partition was later reduced in writing as per which I become the sole owner of the property.
Sec 17 of the registration act doesn classify this as compulsorily registrable. Therefore why cant this be acted upon for the purpose of sale?
May pl clarify.
R.Ramachandran
(Expert) 15 July 2011
Dear Anonymous,
Please tell me, whether in your first post, you have indicated that there was oral partition and that oral partition only was later on documented in the partition deed.
Without disclosing this information, how on earth you expect someone else to surmise that there was a oral partition.
Querist :
Anonymous
(Querist) 16 July 2011
Dear Sir,
Extremely sorry. Now , I am giving the complete details as under:
We are residents of Jharkhand.
My mother owned a plot in PUNE, Maharashtra, bought in 2006. She unfortunatly expired in April,2007 leaving behind father and we, five brothers. There are some other properties in Jharkhand in my mother's name.
Recently, in June 2011, we, all legal heirs reached an oral undetstanding that the property in pune is mine(i.e. my Share) and rest of the partion will be done later on suitably adjusting my share in the remaining properties later on.
Thereafter, this oral understanding was reduced in writing as memorandum of partion deed, on a Rs. 50 Stamp Paper and all the legal heirs signed the same.
However, the same was not registered.
Now , I am planning to sell the property situated in pune. But the buyer is saying that the Memorandum of Partition deed is not valid as the same is not registerd.My advocate in Ranchi clearly says that the deed, in the circumstances mentioned is not required to be registered and is valid as held by various courts.
As per registration Act, as I understand , this is not a document which is compulsorily registrable.
May pl advise if I can sell the plot as owner of the same as per the memorandum of Partition deed( which reduced the oral understanding in writing) which is NOT Registered.
R.Ramachandran
(Expert) 16 July 2011
Before selling, one should ensure that the property is in his/her name. In this case, while you have an unregistered Memorandum of Partition, your name does not appear in the 7/12 in Pune.
Therefore, first you have to take steps to get your name mutated against the Pune Property.
Thereafter you will be in a position to sell the same. Otherwise not. It is quite possible, that even Pune Authorities may insist on Registered Partition Deed.
