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kannan (cus supp engg)     26 September 2009

Partition

I need leagel advice about Hidu succession act 2005 pls help me

My Grand father have one property he try to sale this property but my father  is asking a partition of this property. My Grandfather have 4 sons and 3 daughter. I am the 2nd sons- son. my grandfather is 86 years old.  we asked to make partition of this property but he said this is my self earned property so nobody can ask me  any question.  Actually before buying this property my grandfather sold 3 lands in year 1960 with this amount he buy this new property in 1962 so finally my father desired to applyed a suite against my grandfather this is not selfearned property this property should be treated as a ancient property because 3 lands sold in 1960 and with this amount only this new property buyed.  while selling3 lands he said a reasion to buy a new land only  i am selling this land. with the help of this Document copy we applied a suite. Now what happend is our Grand fathers 3 daughter also asking a equal share.   All of those 3 aunty got married before 1989. 

In 1995 my Grandfather and his 4 sons have made a partition dead this partition written in a 22 stamp papers with this dead everyone administrate there shared  property  but this partition dead have not been registered Because my uncle said this is not required to register he is a register in subregister office. This partition dead written by him my Aunty's Husband he was a staff in Subregister office.   All members signed in this document are alive but we have a xerox copy of the document how to proof this documnent in court .  (4 sons + my grandfather + 2 witness signed in this stamp paper)  My grand father have the orginal copy with him he also accepted this but he say he forgetten the place where he have because he is very old 86. I need to proof this document before my grandfather end of life he is too old.

One important thing is the dead written by my uncle (Grandfather's First Daughter's Husband) he told this is not needed to register. Now he applyed suite against us asking a share now he say this partition writted by him is not valued because unregisterd in this document there is one line if any proerty missing in this deed all sons can share equally.
My uncle also signed in this document how to proof it.



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 3 Replies

Adinath@Avinash Patil (advocate)     26 September 2009

DEAR KARAN,

Unregistered patition deed is no value in eye of laws, it does not go directly in evidence,it must be proved by other circumstacial evidence. If there civil suit for partion & declaration of immoveable properies & moveable properties, in said suit you can file application for production of original unregisterd pation deed.court will grant you application. You can adduce oral evidence e.g. call witness who written partion deed & witnesses on partion deed. you will succeed. Be confident  & possitive.

adv. rajeev ( rajoo ) (practicing advocate)     26 September 2009

Unregd., partition deed is no value.  Ur  grandfather's 3 daughters have equal share along with their brother in the ancestral properties of your grand father.  If the properties were self acquired properties of your grand father, he had got right to transfer the prperty to any body according to his will and wish.

So burden lies on the parties who seeks partition that the suit properties are ancestral properties

are ancestral propetries.

As per the amendment of hindu succession act female member of the family is equal to male member, she is co-parcener .

If the partition is acted upon on the basis of the partition deed which u have got, then there is a hope, but you will have to prove the effect of partition.

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     27 September 2009

Agreed with Adinath and Rajeev.


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