LCI Learning
Master the Basics of Legal Drafting in All Courts. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sridhevi (education)     03 February 2025

Registration by notary partition deed

My mother and her sister buyed 400 sq yars and 200 sq yrds each in warangal in 1982 but my father is government employe and he paid amount to buy our share

Now in 2010 my mothers brother crated notary of partition of each 200 sq yards and in 2019 my mother was 75 years and my fahter was 84 years.taking this as advantage my mothers brother applied with only sign of my mother  and paid deficit stamp duty with penality as imposed by collector U/s 40 of indian stamp Act 1899 and then after her brother made registration with only sign of my mother taking advantage of her old age

 

can we cancel this registration 



 13 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     03 February 2025

A notary-attested partition deed is not valid.  After consulting a knowledge advocate to file a case against your uncle.

T. Kalaiselvan, Advocate (Advocate)     04 February 2025

A notarised partition deed is not legally valid.

If he had committed fraud against your parents then it is they who have to file a suit to declare the same as null and void. 

Dr. J C Vashista (Advocate )     04 February 2025

I concur with the opinion and advise of learned experts, it is not a valid partition.

Your mama (brother of mother) has committed fraud and cheating.

Consult and engage a local prudent lawyer for analyses of facts/ documents, professional advise and necessary proceeding.  

Sridhevi (education)     04 February 2025

Sir For notary PArtition deed he paid deficit stamp duty with penality as imposed by collector U/s 40 of indian stamp Act 1899 and with this he took my mother and taken sign of her without sign of other party and did registration of plot of 200 sq yards--is this valid

 

T. Kalaiselvan, Advocate (Advocate)     04 February 2025

If the property is jointly owned then one person's signature in the partition deed is not sufficient, if it is done so then it is an act of fraud hence not valid in law

Sridhevi (education)     04 February 2025

notary Partition deed contains both sigs

Sir For notary Partition deed he paid deficit stamp duty with penality as imposed by collector U/s 40 of indian stamp Act 1899 and with this Partition deed he took my mother and taken sign of her without sign of other party and did registration of plot of 200 sq yards--is this valid

 

kavksatyanarayana (subregistrar/supdt.(retired))     04 February 2025

It's not valid even now.

Sankalp Tiwari   04 February 2025

It appears your mother's brother has attempted to make capital out of her age and lack of knowledge regarding the legal process of obtaining a partition deed executed and registered. Section 17 of the Registration Act, states that any partition deed related to immovable property requires registration for it to be considered valid. Notarization does not cover legal enforceability in matters related to property. This is most especially true when co-owners' rights are involved.

In your case it appears that a deficiently stamped document, following the payment by your mother's brother of shortfall stamp duty levied with section 40, Indian Stamp Act, caused the document to become registrable. Stamping requirement does not become the consideration of validity by the parties making the transaction though consent for executing was fraudulently obtained.

If she signed the partition deed under coercion or misrepresentation or without understanding what the contents mean, there is a legal basis for challenging its registration. The Supreme Court, in Krishna Mohan Kul v. Pratima Maity, noted that documents executed under fraud or undue influence are void and can be set aside by the court. Further, Section 31 of the Specific Relief Act, provides a remedy for cancellation of such instruments when they adversely affect legal rights of a person.

Given the facts of the case, a civil action for cancellation of the partition deed seems to be the proper remedy. The court will examine whether your mother was given her free consent and whether the deed was executed in good faith. Evidence of her advanced age, lack of legal advice, and other facts indicating manipulation or coercion must be presented to the court.

P. Venu (Advocate)     06 February 2025

The facts posted are confused and confusing. 

What do you mean by "Partition Deed"?

  Admittdly, the property belonged to your mother?

How could there be a partition deed with her brother? 

Where is the question of paying stamp duty if it is "Notary Registered"?

Ravi Varma   07 February 2025

Do you have a valid sale deed from previous owner of 400 sq yards transferring the property to your mother n her sister? What is your mother's share mentioned in that sale deed? Is it mentioned in the sale deed that she is the sole owner of 200 sq yards and ur aunt  is the sole owner of the other part 200 sq yards. If the recitation in the sale deed confirms seller transferred his 400 square yards to your mother 200 and ur aunt 200 clearly then no pairtion deed is necessary nor any notarised parition. Ur mother's sign alone is sufficient to transfer the property to her brother by way of sale or gift deed. Your aunts signature is not needed. 

But if the seller transferred 400 sqyards to both ur mother n aunt as joint owners then a partition deed is a must. In your case collector's order to pay stampduty for regularization of notarized partition deed (did ur aunt sign in this?) which is an evidence that confirms intent of co-owners of joined property to share 200 n 200 holds some legally validity. 

Now ur question of registration cancellation!

1. For this both parties( ur mother and her brother) must agree n walk in to sub registrar office n get cancellation deed executed.

2. If ur uncle doesn't agree, go with your mother to  sub registrar and let ur mother file a petition to cancel the deed between her n her brother stating she was ill informed about content of deed. She was told by her brother that he was getting the document. Sub registrar can not cancel but will initiate Enquiry n may confirm in your mothers favour n write a report and u take that report or copy of it and goto civil court to file a case.

Or

3. Contact your aunt n ask her to file a case on ur uncle for acquiring part of jointly owner property without her consent. Plead to set aside(cancel) the deed between ur mother n uncle thus restore the joint property to original joint ownership status.

 

 

Dr. J C Vashista (Advocate )     07 February 2025

Hypothetical and vague facts for moot court.

Shashi Dhara   07 February 2025

Immovable properties is compulsoryly registerable  as per transfer of property act if not it is invalid.

adv. rajeev ( rajoo ) (practicing advocate)     09 February 2025

It is not valid.  it requires regd., document.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading