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Arjun Jeganathan   15 May 2024

Family partition registered in a different state

Hello Sir,

My Father and his 2 Elder Brothers live in Tamilnadu, but proceeded to register their family partition deed in Kerala due to some tax benefits. Now my Father wishes to sell his portion of the property (i.e House), but the problem is since the Partition Deed is registered in kerala, in the Encumbrance Certificate all the 3 brothers names is shown as owners, because the deed was not registered in Tamilnadu. Now buyer of the house is not buying because all the 3 brothers need to sign. but the 2 elder brothers wont sign. What to Do? 



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 9 Replies

T. Kalaiselvan, Advocate (Advocate)     15 May 2024

If the property is located in Tamilnadu how will the partition deed executed  in Kerala will have a partition effect in Tamilnadu.

To attain legal validity, a partition deed must be registered with the sub-registrar of the area in which the immovable asset is located.

This is mandatory under Section 17 of the Indian registration Act, 1908.

kavksatyanarayana (subregistrar/supdt.(retired))     15 May 2024

This query seems to be unbelievable as the property is situated in Tamilnadu, it will not be registered in Kerala.  If the owners have some immovable property in Kerala also, then the deed may be registered under the rules of the Stamp Act and Registration Act.

1 Like

Dr. J C Vashista (Advocate )     16 May 2024

Registration of settlement deed can be registered in Kerala when some of the total properties is / are located there as well.

Arjun Jeganathan   16 May 2024

Thank you Sirs, there is one property in Kerala which is included in this Family Partition Deed. The properties in Tamilnadu, have been registered in the respective sub registrar offices in Tamilnadu, only the Family Partition Deed inclusive of 1 Kerala Property and other Tamilnadu Properties has been registered in Kerala. 

kavksatyanarayana (subregistrar/supdt.(retired))     16 May 2024

The 3 brothers partitioned the party and hence each share will be treated as their (each) own property and each person can transfer their share as they wish and others signature is not necessary.

Mr. Sumitra kumar (Advocate)     16 May 2024

If the partiton deed is registered then why all three persons be needed to sign? You are entitled to sell your share to another person without a hitch.

 

Thank you.

Arjun Jeganathan   16 May 2024

Thank you Sirs! My Question is "Since the Family Partition is registered in Kerala, and we want to sell my Father's portion (ie House) in Tamilnadu. In Tamilnadu Registrartion Department, the Family Partition Deed is not Reflected in the EC Encumberance Certificate and all 3 persons are the owners, now the Buyer wants all three persons to sign. How do i make the Partion reflect in the Tamilnadu EC, so that it is enough for my Father only to sign and sell?"

 

Mr. Sumitra kumar (Advocate)     16 May 2024

What registration has to do with encumbrances?  Family partition is not an encumbrance.

 

Thank you.

Dr. J C Vashista (Advocate )     18 May 2024

Family settlement is perfect and a conclusive evidence for possession and ownership of your share.


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