Urgent: issue with partition deed
Querist :
Anonymous
(Querist) 12 September 2011
This query is : Resolved
We are planning to buy a property for which below is the scenario -
Mr A has got this property as part of Indira gandhi's land reform back in 70's. After he expired in 90's, the land was transferred to Mrs A( wife of Mr A). Mr A have 5 daughters and a son out of which 1 daughter expired.Later it was divided into plots for residential purposes and each plot is planned to each of the children of Mr A.
Although the property and all the related RTC/khata everything is still on Mrs A name, there is an unregistered partition deed (per my knowledge issued by panchayat office) to the effect saying to whom each plot belongs.
All the other documents are accurate and no issues were reported regarding them.
My questions:
1. How valid is this partition deed?
2. Mrs A is selling one of the plot belonging to one of her daughters and during registration Mrs A would be registering to us with the consented witness of the daughter for whom the site was planned. Will this be fine?
3. Mrs A has many grand children who are major, will all of them be required for registration.
Many Thanks in advance,
R.Ramachandran
(Expert) 12 September 2011
Unless it is a family settlement, the unregistered partition deed has no validity.
First one has to know on what basis the property which was originally in the name of Mr. A was got transferred in the name of Mrs. A.
When Mr. A died, whether his children were major or minor?
If the children were major, whether they gave any Registered Relinquishment Deed relinquishing their respective share in favour of Mrs. A?
When did one daughter die? Whether she was married or not? If married, whether she had children or not?
ajay sethi
(Expert) 12 September 2011
1)partition deed is required to be compulsory registerable . if it is not registered in admissible in evidence
2)it is better daughter be a confirming party as you have stated that plot belongs to one of her daughters .
better consult a local lawyer
Querist :
Anonymous
(Querist) 12 September 2011
Thanks for the quick replies.
There was a patta document on basis of which it got transfered to Mrs.A on account of death of Mr A
All the children of Mr A were majore when he died.
Originally this was one piece of land, which is split into plots for each child.Even after the split into plots, the properties are still in name of Mrs.A that is wrt to the govt books like katha/RTC/property tax etc.
The only document which shows which plot belongs to which child is the partition deed which is not registered and i think issued by panchayat.
All the children have signed on that partition deed.
And when one daughter died, she is a married\major with children who are also major.
Thanks
M/s. Y-not legal services
(Expert) 12 September 2011
Am agree with experts. A died without any arrangements. While being so patta can't be changed in the name of mrs.A alone. Include the deceased daughter's son all are having equal rights. So just clear this issue before registration.
prabhakar singh
(Expert) 12 September 2011
If it suits you and all are agreed then let a suit of injunction be filled by one making all other heirs of"A" as defendant pleading partition orally showing each and every share separately and there after enter into a compromise verified by court and get records corrected on basis thereof.
R.Ramachandran
(Expert) 12 September 2011
On account of death of Mr."A", the entire property cannot be transferred to Mrs."A", for the simple reason she is not the only legal heir of Mr. A.
The property has to go by way of inheritance, equally, to all the legal heirs of Mr. A. The share of the deceased daughter will to equally to her legal heirs.
The above being the legal position, unless the property is duly partitioned by metes and bounds between various legal heirs, it is not possible to say who owns what, though their respective shares are crystalised.
The other alternative is, whatever is being sold is to be sold by all the legal heirs (meaning thereby that all the legal heirs have to sign the sale deed) and the consideration has to be shared equally by all.
Any other arrangement will be defective.
Querist :
Anonymous
(Querist) 12 September 2011
We are not sure of other properties of Mr. A, though we do know they had other properties.
We looked at the 30yrs history of only this site and the patta number by which it was transferred to Mrs A was reflecting in the RTC document and from there on Mrs A was reflected in all the govt docs.
Thanks.
Raj Kumar Makkad
(Expert) 12 September 2011
Nothing remains to be added in the detailed rely of Ramachandran.
