Sisters not included in partition deed at the time of execution in past. any suggestion to settle
Mallikarjun
(Querist) 03 November 2013
This query is : Resolved
Dear Sir,
I have a doubt in partition deed we had. I request you to kindly give Clarification.
My Father died intestate in Year 1990. My Father has Wife, 3 Sons, 2 Daughters (married)
We didnt have knowldege of the fact that the all legar heirs(mother, our 3 brothers, 2 sisters)
Our 3 brothers(including me) and mother have executed partition deed(with 4 parts) and Registered in
the year 2004 without adding my 2 sisters, and we are enjoying the property. Now I am going to take
Bankloan, and on legal verfication of title deeds, the lawer said that my title deeds are invalid as My
sisters are not included in Partition deed. Can you suggest what is recourse now. My sisters are
amicable and ready to give signatures now.
I think I can not go for executing Relinquisment(Release) Deed from my sisters as the property was
already partitioned and registered and enjoying. Am I correct?.
Can I get Ratification Deed in favour of already existing Partition Deed duly adding my sisters consent
and acceptance of what ever the partition done.
Any need to pay Stampduty of 1/6 and 1/6 value of total property for this registration of Ratification
Deed from my 2 Sisters.
Kindly help..Lookinf forward for your valueble suggestion.
Thanks & Regards
Sudhir Kumar, Advocate
(Expert) 03 November 2013
you are lucky that sisters are ready to relinquish and yet you want to complicate the issue by writing fresh deed.
P. Venu
(Expert) 03 November 2013
The deed is in order if the partition had taken place prior to 20th December 2004.
Anirudh
(Expert) 03 November 2013
Whether it was ancestral property or self-acquired property, the partition deed, without giving share to your sisters is not at all in order.
However, even at this late stage, you can get Registered relinquishment deed executed by both your sisters. The relinquishment deed by your sister should very clearly state that they had earlier orally agreed that she does not want any share in the property left behind by your father and that she wanted to relinquish her share in favour of her three brothers and mother. Now she confirms the same by executing the present relinquishment deed. (Similar relinquishment deed is to be executed and registered by your other sister also).
With this registered relinquishment deed in place, the partition done by you would become valid.
Dr J C Vashista
(Expert) 04 November 2013
The partition deed (2004) is before the amendment was incorporated in The Hindu Succession Act,1955 hence the amendment (2005) is inapplicable in this case.
It is better to get RD registered now.
Rajendra K Goyal
(Expert) 04 November 2013
Agree with the expert Sudhir Kumar ji, Anirudh ji, Dr. Sahib. Nothing more to add.
Mallikarjun
(Querist) 06 November 2013
Many thanks for all you for quick response and sharing your valueble views.
Sorry I forgot to mention. I belong to Andhra Pradesh state. The Partion deed was registered in the year 2001 not 2004.
My both the sisters were married before 1980(1973 and 1976). So As per SECTION 6. AP AMENDMENT ACT 1986, would also inapplcable.
Per Shri P.Venu, the partition deed is in order as the it was registed before 20th december 2004.
Per Dr. Vaschista the Partition deed is in order since the amendment (2005) is inapplicable in this case. Any way he suggests to "better to get RD registered now."
Shri Anirudh gave detailed response and suggested to go for RD now again. I am bit confused to how to frame the Shares in RD from sisters now. Do we have to consider 1/6 share each, OR
Like they agreed with 0 money and what ever partitions done in deed by brothers and mother 4/4( With a view that they relinquish whatever rights irrespective of legality without any consideration).
I guess this point is required to calculate Stamp duty.
Do all 6 members(3bro,mother, 2 sistes) have to sign in the RD now or only 2 sistes enough?
Kindly offer your views on above. Thanking you once again.
Mallikarjun
Anirudh
(Expert) 06 November 2013
It seems the property is your father's self earned property.
If so, then whether or not your sisters married and when did they get married etc., are irrelevant.
As regards the Registered Relinquishment Deed, your sisters need not say any particular share. It will be enough if they say that they relinquish their share, rights, interest in the property. That is enough. They need not specify any quantum of their share.
Mallikarjun
(Querist) 06 November 2013
Anirudh sir,
Thanks for Clarification.
Yes. the property is father's self earned property.
Do all 6 members(3bro,mother, 2 sistes) have to sign in the RD now or only 2 sistes enough?
So If we dont mention quantum and value of Share, i think we can execute the deed with minumum required value of stamp papers. it is not related to property value. right?
Thank you..
Rajendra K Goyal
(Expert) 06 November 2013
Agree with the expert Anirudh ji, consult a local lawyer for documentation/ drafting and procedure.
Mallikarjun
(Querist) 06 November 2013
Thank you all for sharing your valuble views and suggestions. Grate full to you and the lawyersclubindia
Mallikarjun
Anirudh
(Expert) 06 November 2013
Only the two sisters have not been given their share in the property. All other four persons got the share. (in fact all of them got extra share equally because they shared the portion not allocated to the two sisters). Therefore, it is only the two sisters have to execute the Registered Relinquishment Deed. It will involve very very nominal stamp duty.
Dr J C Vashista
(Expert) 07 November 2013
It would be better to engage a local lawyer
