Unregistered partition deed
Querist :
Anonymous
(Querist) 06 November 2011
This query is : Resolved
Respected sir,
My father got few properties from my grand father.
My father partitioned entired properties among my father,myself and my elder brother
(I was 30yrs old .I am innocent at tht time,my elder brother use to
take all the responsibilities, I don’t know what the extent of my entire properties
)
unregistered partion deed took place in the year 1979 on 5rs. Stamp paper
myself and my father got less shares than my elder brother.
My dad got only 5plots and a house
Myself and my brother got 15plots each.
An open land(approx. 50guntas according to pahani)
I got 500yards, remaining portion of the land
Was given to my elder brother( remaining extent and survey no. not shown in unregistered partition eed)
All the three hav signed on the partition deed before relatives.
At the time of sigining I hav raised a question saying!!! What is the extent of open land..?
My brother replied as 1000yards. Thts’y I hav also signed on the partition deed which is not registered to till date.
Now my questions are:
will I get equal share if I file a suit since it is unregistered partition deed
market value of entire property in 1979 is 2.2lacs, but partition was written on 5rs stamp paper….is this a sufficient stamp paper…?
my father died in the year 1982, my relatives also died who hav signed as witness in unregistered partition deed.
I hav sold 3plots and my brother sold 4plots out of 15 plots,my father sold only 2plots.
i hav all the pahani's of my father and grand father.
my grand father is the pattadhar of entire properties.
plz guide me what to do now
prabhakar singh
(Expert) 06 November 2011
A partition can take place even orally.
And later on a memorandum of the oral partition can be recorded,if so is the
case ,neither the same requires any stamp duty nor does it require registration.
But if the partition has taken place by the deed it self then it attracts payment of proper stamp duty as well as registration too.
So without looking into your deed i can not blindly speak whether it is legal or bad in law.
You are suggested to look into that from angle suggested to decide on your own or attach the same here.
As records of right have not changed according to it ,i guess parties have not acted upon,hence you can challenge it.
Engage a local lawyer and act as he advises.
Rajeev Kumar
(Expert) 06 November 2011
Prabhakar sir is right and I agree with him. Let's act according to advise of Prabhakar sir.
Querist :
Anonymous
(Querist) 17 November 2011
according to the written partition deed,my father,myself and my brother sold few plots.
unregistered partition deed took place in the year 1979 on 5rs. Stamp paper.In that deed there are no. survey numbers,landmarks etc.
but as per the written partition, me and my brother did not get mutation.
In latest pahani, still it showing my father name as pattadhar.
problem in my casse is:
1)my brother cheated me.
2)In sy. no.xyz(total extent:Ac1.10gts)
I got 500yards, remaining portion of the land Was given to my elder brother( remaining extent and survey no. not shown in unregistered partition deed)
can i hav any Supreme Court Judgements which relates to my case.......?
those judgements will b very helpful in my casse. i hav tried in google, but i did not find any judgements which suits my case.
