Partition deed

Hyma Kumar Yallapragada (Querist) 14 September 2023 This query is : Resolved
Dear sir,
In 1953 my grandfather and his three sons
(minors) entered into a partition deed.
In 1989 my grandfather died and thereafter in 2000 the three sons re-arranged their shares including my grandfather's share and entered into a new partition deed, but they did not mention the old partition deed in the new partition deed. Now what is the validity of the old and new partition deeds?

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This discussion clarifies the validity of partition deeds when a new one is created without mentioning a previous deed. The consensus is that if a new, registered partition deed is executed, it supersedes the old one, especially if the new deed correctly incorporates all shares, including a deceased grandfather's. The validity of the initial deed, particularly concerning minors, was also addressed, with confirmation that registration and proper execution on behalf of minors are crucial.

T. Kalaiselvan, Advocate (Expert) 15 September 2023
If they have omitted to mention about the old or previous partition deed intentionally then that would be for the sake of entering into a fresh partition deed in order to include your grandfather's share in the property after his death.
There is no legal infirmity in it

Advocate Bhartesh goyal (Expert) 15 September 2023
Since new and fresh partition deed among partners has been executed so old partition deed has lost its validity .

kavksatyanarayana (Expert) 15 September 2023
When your grandfather partitioned the property, his sons were minors. Is it registered and signed by your grandfather and on behalf of his minor sons? Is the new partition deed executed by his three sons by adding their father's share and registered?

Hyma Kumar Yallapragada (Querist) 15 September 2023
Respected Mr. Kalaiselvan sir and Mr. Goyal sir, Thank you very much for your answer it cleared my doubt.

Hyma Kumar Yallapragada (Querist) 15 September 2023
Respected Mr. Kavksatyanarayana.
Thank you very much sir for your response,
Yes, sir, the 1953 partition deed was signed by my grandfather on behalf of minors and it was registered and the later one has been added his share and got it registered.

kavksatyanarayana (Expert) 16 September 2023
Then the latest partition deed comes into operation as advised by the avove experts.

Hyma Kumar Yallapragada (Querist) 16 September 2023
Respected sri kavksatayanarayana,
I sincerely express my gratitude to you, sir, for resolving the doubt I had. Thank you very much for clarifying it for me.

Dr. J C Vashista (Expert) 18 September 2023
An agreement (for partition) executed for and on behalf of minor is not valid, if they (then minor) do not accept on attaining majority.

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