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Not notarized

Querist : Anonymous (Querist) 30 May 2021 This query is : Resolved 
Respected Experts,
I and my 2 other brothers had agreed to the partition of the land accordingly and it is written on a stamp paper with 2 witnesses attestation but we had not notarized the stamp paper, now is that agreement valid?
Advocate Bhartesh goyal (Expert) 30 May 2021
Unregistered partition deed or notarized partition deed is not valid document.Partition deed requires compulsorily registarion u/sec 17 of Indian Registration. Act so until and unless questioned partition deed get registered in Sub Registrar office same will not be treated as legal and valid document.
kavksatyanarayana (Expert) 30 May 2021
Yes. An un-registered/Notarised Partition deed is not valid. It shall be registered compulsorily under Sec.17 of Registration Act.
T. Kalaiselvan, Advocate (Expert) 31 May 2021
An unregistered partition even if it is duly notarized is not a legally acceptable or valid document to prove the title of the share of the property to the individual shareholders.
Hence you better get the partition deed registered before the concerned registrar office.
Sankaranarayanan (Expert) 31 May 2021
it is invalid. Prepare partition deed and registered will be advisable
Dr J C Vashista (Expert) 31 May 2021
A settlement for partition of property between the co-sharers may or may not be registered.
In a recent case, Thulasidhara v. Narayanappa, 2019 SCC OnLine SC 645, the Supreme Court has held that a family arrangement, in the form of a document that mentioned the list of properties which were partitioned, though not registered, would operate as a complete estoppel against the parties to such a family settlement. It was held that even without registration a written document of family settlement/family arrangement can be used as corroborative evidence as explaining the arrangement made thereunder and conduct of the parties.
Querist : Anonymous (Querist) 31 May 2021
Vashista sir the stamp paper is not notarized also so can I use that as evidence according to the judgement you showed?
P. Venu (Expert) 31 May 2021
First of all, why partition? Whose property?
K Rajasekharan (Expert) 31 May 2021
The partition deed, which you all have prepared on stamp paper, is not valid as it has been pointed out earlier.

It requires registration to make it legally valid.
Dr J C Vashista (Expert) 01 June 2021
The unattested stamp paper used in family settlement for corroborative evidence.
P. Venu (Expert) 01 June 2021
However, the first issue is whether the property is partible at all! The query is to silent as to whom the property belong(ed) and whether it is left intestate.
Querist : Anonymous (Querist) 01 June 2021
venu sir the property belongs to we brothers
P. Venu (Expert) 01 June 2021
How - by purchase or by inheritance?
T. Kalaiselvan, Advocate (Expert) 02 June 2021
The author never mentioned that it is a family settlement.
He has clearly stated that it was a partition deed made on a stamp paper with two witnesses.
Hence the unregistered partition deed is not legally valid and no registered transaction can be made on the basis of this unregistered deed in future.
Thus It would be advisable that the you can draw a partition deed afresh and get it registered by paying the applicable stamp duty to avoid future litigation in this regard.
Querist : Anonymous (Querist) 03 June 2021
venu sir it is inheritance property, and kalaisevan sir it is a family settlement.
Sankaranarayanan (Expert) 03 June 2021
if The property is self acquired property of your father and you both only children to your father then the partition should be by registered with the concerned register authority. Mere of writing the partition with the support of two witness is not valid and even it get attested by the notary also invalid. Therefore , your partition deed should be registered in registering authority with proper stamp duty to be paid.
P. Venu (Expert) 03 June 2021
It is the settled legal position that family arrangement may be even oral in which case no registration is necessary.The Supreme Court held that even if a family arrangement which required registration was not registered, it would operate as a complete estoppel against the parties who have taken advantage of the family arrangement. It has been held by the Supreme Court S. Shanmugam Pillai and Others v. K. Shanmugam Pillai and Others (1973) 2 SCC 312 that:

“13. Equitable, principles such as estoppel, election, family settlement, etc. are not mere technical rules of evidence. They have an important purpose to serve in the administration of justice. The ultimate aim of the law is to secure justice. In the recent times in order to render justice between the parties, courts have been liberally relying on those principles. We would hesitate to narrow down their scope.'

Based on the above principle. the unregistered partition, as stated, is saved by proviso to Section 49 of the Indian Registration Act: 49. Effect of non-registration of documents required to be registered.—No document required by section 17 or by any provision of the Transfer of Property Act, 1882 (4 of 1882)], to be registered shall— (a) affect any immovable property comprised therein, or (b) confer any power to adopt, or (c) be received as evidence of any transaction affecting such property or conferring such power, unless it has been registered: Provided that an unregistered document affecting immovable property and required by this Act or the Transfer of Property Act, 1882 (4 of 1882), to be registered may be received as evidence of a contract in a suit for specific performance under Chapter II of the Specific Relief Act, 1877 (3 of 1877) or as evidence of any collateral transaction not required to be effected by registered instrument.

However, it is always desirable that a family partition deed be registered so that the .occupants would have with a document of title which a prerequisite for availing of loan from financial institutions.

At present times, many of the States require only nominal stamp duty for registration of partition/settlement deeds.


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