Partition deed

shanker (Querist) 03 January 2012 This query is : Resolved
Dear all

please give me a suggestion regard my query my grand mother is the owner of a property of around 220 yards in hyderabad,before her expiry she had written a will stating half portion will be for mother and remaining half equally to two brothers i.e to me and my elder brother, we have given this property with neighbours property to development we received two flats, in this my brother is ready to sell his flat in which he is staying my mother and me dont have any objection he said the flat which your living is for you, same said by my mother and brother, what i have to do whether i have to go for partition deed notorised and for registration, registration is to expensive that i cant bare so suggest me

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Devajyoti Barman (Expert) 03 January 2012
Mutual deed of partition should take care of your problem.

Sankaranarayanan (Expert) 03 January 2012
I do agree with mr barman

Malay Shukla (Expert) 04 January 2012
To avoid the registration of partition deed which of course would be expensive and also a notorised partition deed if challenged at any subsequent stage would be hit by the provisions of Registration Act and would not be admissible unless proper duty is paid as such it would be proper to prepare a memorandum of Family arrangement caution to be taken while preparing such agreement would be that entire family arrangement should be so written that it shows happening of past incident e.g. we decided to divide the property and in pursuance thereto we took possession and are enjoying the same and so on there should not be any thing in presenti as such arrangement recording past events are protected and honored even though not registered

prabhakar singh (Expert) 04 January 2012
MAKE A MEMORANDUM OF PARTITION DEED SHOWING THAT IN SOME TIME PAST ON DEMAND OF YOUR BROTHER AN ORAL PARTITION TOOK PLACE BETWEEN YOUR BROTHER AS FIRST PARTY AND YOU AND YOUR MOTHER AS SECOND PARTY IN WHICH YOUR BROTHER GOT EXCLUSIVELY THE FLAT HE OWNS AND POSSESSES EXCLUSIVELY AND YOU AND YOUR MOTHER GOT THE FLAT AS EXCLUSIVE SHARE AND RIGHT AND TITLE AND INTEREST BETWEEN PARTIES HAS ACCORDINGLY STOOD DIVIDED SINCE THE DATE OF ORAL PARTITION AND BOTH SET OF PARTIES HAVE ACTED ACCORDINGLY AND ENJOYING THEIR SEPARATE FLATS[IDENTIFIED BY BOUNDARY ETC.]WITHOUT INTERFERENCE OF THE OTHER PARTY PEACE FULLY WITHOUT ANY DISPUTE BUT SINCE AT THE TIME OF ORAL PARTITION NO DEED WAS MADE ,NOW IT HAS BEEN THOUGHT PROPER BY PARTIES TO RECORD A MEMORANDUM OF THAT ORAL PARTITION FOR FUTURE REFERENCE SO THAT IT MAY SERVE THE PURPOSE OF MEMORY FOR PARTIES AS WELL AS THEIR HEIRS ETC.
LET IT BE SIGNED BY YOU THREE AND TWO INDEPENDENT WITNESSES AND THEN GET IT NOTARIZED.THE LANGUAGE THROUGH OUT SHOUT SPEAK THAT IT IS A RECORD OF AN ORAL PARTITION THAT HAS TAKEN IN PAST.IF BY ANY MISTAKE OF DRAFTING IT SHOWS THAT PARTITION IS TAKING PLACE BY THE DOCUMENT IT SELF THEN FORTH WITH IT SHALL BECOME A CASE OF REGISTRATION.
THEREFORE CONSULT A LOCAL CIVIL LAWYER AND DISCUSS IN THE LIGHT OF THIS GUIDANCE AND GET A MEMORANDUM OF PARTITION DEED AND NOT PARTITION DEED NEATLY DRAFTED AND NOTARIZED.