Sunil Bale (Engineer) 24 December 2010

Partition Deed Query

Hi,

I am buying a site in Bangalore. The owner of the site has expired in 2004. He has 3 sons and no daughters. In 2005, his 3 sons have come to an agreement and divided the property of their family into 3 parts in a Panchayati Partition Deed. All the 3 have signed this Deed but the partition deed is not registered in sub-registrar.

The site which I am planning to buy has gone to the second son in the partition deed - He wants to sell the site to me without making his brothers know about the sale - as the site is going for big value now and his brothers might ask for some share in the money got from the sale.

For this reason he wants to get the partition deed done again and registered with the sub-registrar, which will allow full permission for him to sell the site to me without having to get signatures from this brothers for the sale.

1. Is this correct sale? What problems it could create to me in the future, if any?

2. Is it better to make brothers also know about the sale and have them as consenting witnesses even if the partition deed is registered?

3. Should the children's of the brothers also be mentioned in the partition deed? - If yes, and if the childrens are major, should they also be shown what property they will acquire?

Thanks,

Sunil Bale

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3 Replies

A V Vishal (Advocate) 24 December 2010

a. If all the parties have share (common right) in the property partition can be effected. If partition is effected through an instrument such instrument must be compulsorily registered.
b. Oral partition affected through memorandum submitted to the concerned authorities need not be registered.
c. Stamp duty has to be paid in respect any kind of partition whether it is to be compulsorily registered or not.
d. Parties to the partition may agree to effect partition of unequal shares.

It is better to consult & seek legal opinion of a local advocate with all the link/parent documents before closing in on the deal.

Sunil Bale (Engineer) 25 December 2010

Hi Vishal,

Thanks for your reply.

The brothers are in agreement to sign the partition deed, as the brothers are not aware of the value of this site in question. In later date (after I buy it), if they come to know of the value of the site can they create any problems even though they have signed the partition deed willingly and the deed is registered.

Also for the partition deed, how much stamp duty should be paid? I heard that now the partition can be registered without paying much stamp duty.

Regards,

Sunil

A V Vishal (Advocate) 25 December 2010

Originally posted by :Sunil Bale
"	Hi Vishal, Thanks for your reply. The brothers are in agreement to sign the partition deed, as the brothers are not aware of the value of this site in question. In later date (after I buy it), if they come to know of the value of the site can they create any problems even though they have signed the partition deed willingly and the deed is registered. Also for the partition deed, how much stamp duty should be paid? I heard that now the partition can be registered without paying much stamp duty. Regards, Sunil	"

Once the property is partitioned by metes and bounds and the partition deed is registered, no one can dispute your possession (Unless the parties claim force, coercion, fraud etc...). The stamp duty applicable in Karnataka is Rupees one thousand for each share and fixed registration fee of Rs. 500 per share.