Reg. registration
KAUSHIK2006
(Querist) 04 August 2017
This query is : Resolved
Dear Team,
My grandfather (elder) and his younger brother (unmarried) own a property with share of 50% each. After my grandfather demise, I received 1/8th share in that property through family partition with my brother and father’s brother (uncle). Since, my younger grander father who is unmarried wrote registered will giving his 1/8th share to me and after his demise, we probated the will. Later our lawyer advised us to make partition deed among us for both grandfather shares and registered by paying SD and RC which was applicable to family partition. But, the registration dept did not accepted this registration stating that this partition comes under Co-parcener, not family partition considering that younger grandfather share will not applicable for partition between family members. But, advocate convinced my uncle and registered the partition deed. Later we received a letter from Reg dept to remit 4% SD and immediately lawyer filed writ in the court against Registered office in the year 2012 to provide registration document and challenging the SD and RC. As per court direction, we received Original documents from the Reg dept and writ is pending for the judgement. Kindly guide us how to come out of this situation whether the judgement will be in favour/ if declined whether the reg dept impose any fine and interest from 2012 along with the SD and RC.
Best regards
Kaushik
Kumar Doab
(Expert) 12 August 2017
You have posted that:
"Dear Team,
My grandfather (elder) and his younger brother (unmarried) own a property with share of 50% each.
After my grandfather demise, I received 1/8th share in that property through family partition with my
brother and father’s brother (uncle). Since, my younger grander father who is unmarried wrote
registered will giving his 1/8th share to me and after his demise, we probated the will. Later our
lawyer advised us to make partition deed among us for both grandfather shares and registered by
paying SD and RC which was applicable to family partition. But, the registration dept did not
accepted this registration stating that this partition comes under Co-parcener, not family partition
considering that younger grandfather share will not applicable for partition between family members.
But, advocate convinced my uncle and registered the partition deed. Later we received a letter from
Reg dept to remit 4% SD and immediately lawyer filed writ in the court against Registered office in
the year 2012 to provide registration document and challenging the SD and RC. As per court
direction, we received Original documents from the Reg dept and writ is pending for the judgement.
Kindly guide us how to come out of this situation whether the judgement will be in favour/ if declined
whether the reg dept impose any fine and interest from 2012 along with the SD and RC.
Best regards
Kaushik"
The post indicates that said uncle is alive.
How can WILL be probated in his life time?
