Partition

Querist : Anonymous (Querist) 24 August 2011 This query is : Resolved
Sir,
A mail hindu died in the year 1990 leaving behind 5 sons and 5 daughters. Out of 5 sons, the elder brother created a document styled as family arrangement during the life time of their father itself and got entered alone his name to all ancestral joint family properties as if the remaining brothers and sistered signed on the un registered family arrangement deed. now the remaining brothers intends to file a suit for partition against their elder brother. my question is whether an unregistered family arrangement is to be treated as partition ? whether they are entitle to get share as per amended Hindu Succession Act 2005 ? please provide if there are any citations.

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Guest (Expert) 24 August 2011
yes the unregistered partition deed has effect of partition. if you disagree with the same file a suit for partition afresh by proper shares for proper parties.

n.k.sarin (Expert) 25 August 2011
Frist of all you must confirm that the document which is mention in your querry whether family settlement or memorandom of family settlement.An unregistered family arrangement has no legal value in the eye's of law. If the said document written in the form of 'memorandum of family arrangement'it need not any registration and it is a legal document and effect can be given to it.One thing which is more importent that all these types of document is an amicable arrangement of family and can be challenge within reasonable time in the court of law.

Shastri J.K. (Expert) 25 August 2011
family arrangement can be challenge within reasonable time .

prabhakar singh (Expert) 25 August 2011
question is whether an unregistered family arrangement is to be treated as partition ?

Depends on its language and recitals.if it was so drafted that it appears to be a memorandum of an oral partition acted upon earlier among parties before its execution ,then even without registration it would be treated as legal and valid and if the partition is shown to have taken place by this very deed itself then it is a void and illegal deed in the eye of law.
Next question is :whether they are entitle to get share as per amended Hindu Succession Act 2005 ?
YES is the answer if partition deed is found void for any reason.

Shashikant V. Patil (Expert) 25 August 2011
Further to this, mere memorandum of an oral partition reduced to writing without registration is meant for to facilitate only for purely family arrangement. The same is not registered therefore, in order to define each and every body's share in black and white required to be entered in record of rights , the same has to be registered by executing a partition deed , mutually consented with all brothers and sisters. If any dispute, then file suit for partition in a civil court. Since the family is hindu,the amended HSA 2005 will be applicable.

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