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Serene Rao (Manager)     09 July 2016

Partition deed - unregistered

Dear Sir/Madam,

A, B, C agreed to divide the ancestral properties by way of partition in presence of village elders. The deed of partition was prepared on stamped paper and signed by A, B, C. It was agreed that A will get the original signed papers. It was agreed B being a local resident and having knowledge of the registration process will ensure registration of the Partition Deed. B did not register the Partition Deed nor gave the originals to A. Many times registration of partition deed was fixed but B and C did not come to the Sub-Registrar's Office. Sub-Registrar said that either B or C show up the deed can be registered. A approached C, but B did not allow C to come by threatening him that B will not help C to get his share. B arranged C to get his share of as agreed in the partition deed.

Question 1: A approached the Tahsildar. Tahsildar refuses to give Pattadar Passbook because Partition Deed is not registered
Question 2: A approached the Tahsildar to explain how B and C were given Pattadar Passbook ? RTI was filed to Tashsildar. Tahsildar responded no documentation is available. Approached Registrar Office. B properties are registered in the Registrar Office. C property is not registered in the Registrar Office. Any Suggestions.
Question 3: Tahsildar advised to settle case through Civil Court

Thanks.

 



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 8 Replies

SINGHANIA & CO. (INTERNATIONAL LAW FIRM)     09 July 2016

Hi The practice of entering an partition deed in front of village elders itself I not recognised as an valid document nowadays by the court. The only option left to handle this is by filing of an partition suit before the jurisdictional court. But since filing of an partition suit requires payment of court fees which purely depends on the property value,Our sincere advise would be to issue an legal notice, first demanding an partition to the other parties. If this goes well and the other parties respond, the cost of litigation can be cut down. If not filing of suit is the only option as informed earlier. Regards SINGHANIA& CO International Legal Consultants. CHENNAI.

Kumar Doab (FIN)     09 July 2016

Repeated query.

Serene Rao (Manager)     09 July 2016

Thank you, Singhania & Co for taking time and giving advice. As per you advise I would like to issue legal notice first demanding partition to the other parties. Can this be done from an Advocate in Hyderbad where we live OR should I contact a Advocate who belongs to the Senior Civil Court of jurisidiction of the Mandal ?

Regards, Rao

 

Serene Rao (Manager)     09 July 2016

Dear Kumar Dob

If you don;t mind please let me know where a similar case is discussed so I can read the posts from there.

Regards, Rao

Kumar Doab (FIN)     09 July 2016

 

 

Kumar Doab (FIN)     09 July 2016

If you want to search similar threads you can in the Search option on the right hand side bottom of this webpage.

Serene Rao (Manager)     09 July 2016

Dear Sir:

I was reading some postings and references in this forum ... I am not an Advocate by profession ... it just dawned on me that ...

I can conclude it is admitted fact that the partition deed (unregistered) is not under dispute because revenue department officials honored B and C shares and issued pattadar passbooks and adangal entries as per the partition deed referred above.

Does this help in any way in my case ?

Please advise, Rao

 


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