Sir,
I am in T amil Nadu and my question is regarding our family parttion. My father A and his brothers B&C partitioned their ancestral properties in the year 1966 and got it registered with the sub registrar. After the partition my father and his brother B who have been given adjacent fields in the partition had a difference of opinion and so they continued to enjoy the property allotted to them in common. The other brother C, who has been allotted a entirely different field is enjoying the partitioned property peacefully. Again in 1969 my father A and his brother B buys a property in their names. My father has no income other than the family property income.
For family needs from 1966 to till now we both A&B sold many properties in common. Now after the intervention of friends we want to re partition our remaining properties. In the mean time my father expired two years back. As per the new partition deed some of the properties earlier allotted to my uncle B has now been allotted to me and my sister (legal heirs of my father) along the old partitioned property and My uncle has not been allotted any new property other than his old property. The other brother C has been alloted the same property as per the old partition. The property bought by A&B in 1969 has been equally alloted to our share and to My uncle B s share.
The sub registrar before whom the document was presented for registration is of the opinion that since there was earlier partition, the properties has become individual property and hence the property which was earlier allotted to my uncle B and now allotted to me and my sister is to be treated as settlement for non family members since my self and my sister does come under the definition of family as per TN stamp ACT and requires us to 8% stamp duty. We have presented the deed as a family partition with a concessional duty of Rs 10000/ for each schedule. Is the Sub registrar is right in holding the document has partition and settlement among non family members. All our revenue records are in our common name .Pl clarify.
