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how to proof an unregistered document

cus supp engg

My father  & his 4  son's made a partition deed in 1995 in 22 stamp papers & all of them (4+1 members) signed in that documet but that document was not registered. After a deed some property sale by my Father & those who owned the property by the 1995 deed, Other sons not signed in this registration (only the father & son who have the propery by the deed made before ) & sale the lands. While registering the sale property in that document they wrote a line this is my ancient property & with the deed of our 1995 aggrement this propery belongs to my 2nd son so we both are selling this propery. * Now  I want to know  the porperty deed made in 1995 which was not registerd is acceptable in court or not please explain me.  All persons those who signed in that stampapers all are alive. How to proof it.

 
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Advocate, Chennai

I am not able to understand your problem due to unclear language. But since all the parties are alive and available, the 1995 Partition deed can be easily proved by calling them as witnesses and cross-examine them as to their signatures and prove to the Court that the Partition Deed is genuine, by which the subsequent transactions may be challenged and declared as void by establishing your legal rights to the property concerned.

 
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civil practice

Partition Deed is compulsorily registrable. Unregistered deed does not pass title.

 
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Corporate affairs Taxation and Law Consultants Advocate

It is well setteled law in Evidence Act,that immovable property must be registered by the registrar with full value of stamps otherwise it will be null and void.Your land property was not properly registered so that you cannot claim your share without filing of partitined suit in the proper court.

Thanking you.

 
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Lawyer

the mode of proving this document is to get the document impounded to the collector in case no suit is filed so that document which passess title can be registered

if the court on its motion doesnt impound such document then file aplication for impounding document and you have to pay penalty if the penalty is accpeted then this document can be read for coletral purpose you have to do in trial at the time of leading evidence then this dounment would over come the bar of sec 49 of Registartion act hope this work

my answer is subject to what i have determined from the query coz its unclear

 
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ADVOCATES

whether sale deed executed by father and son is challenged by others?

 
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Retired

It is one more proof of what we do and how we suffer. Why do people think that what they do is law?

 
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Advocate

Mr. Sood had properly said..!

 
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