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Surya R (business)     13 July 2025

Sale without all vendors

In 1986, my father's 1st wife and her sister purchased joint property total of 400 sq yrds who is house wife and husband being government employee paid the amount 

Now both husband and wife  now aged 75 yers.taking this as advantage, wife's brother took her to registration office and got notarty of partition deed dated 2011 instrument by paying fee and through this in 2019 he made registration of 200 sq.yards by only sign of my father's 1st wife but not her sister sign for mount of 10 lakhs but in open market its 2 crores. notary instrument was validated U/s 33 of IS Act 1899 

Now my father died in 2021. can I challange this ?

 



 8 Replies

T. Kalaiselvan, Advocate (Advocate)     13 July 2025

Your father's 1st wife was the joint owner hence neither your father nor you can claim anything out of that property during the lifetime of the joint owner. 

Surya R (business)     13 July 2025

father's 1st wife died

 

T. Kalaiselvan, Advocate (Advocate)     13 July 2025

Without furnishing proper background details no proper opinion can be rendered.

kavksatyanarayana (subregistrar/supdt.(retired))     13 July 2025

They purchased the property in the year 1986, and her brother took her to the registration office and got a notary registration.  The Sub Registrar could not register a document after attestation by a Notary except for Powers of Attorney in the year 2011, by paying a fee in the year 2019 by way of validation under Sec.. 33, which is unbelievable.  Your query lacks clarity.  State the facts.

Surya R (business)     14 July 2025

notary partition deed document is paid deficit stamp duty and penality and then subregister added cerificated on notary U/s 40 & 42 and with this partition deed they made registration of 200 sq.yards by only sign of my father's 1st wife but not her sister sign.is it valid?

 

kavksatyanarayana (subregistrar/supdt.(retired))     14 July 2025

Validation under Sections 40 & 42 is for the deficit stamp duty with a penalty, but it cannot be treated as an registered document.

R.K Nanda (Advocate)     14 July 2025

Yes, you can challenge all these illegal transactions in court. 

P. Venu (Advocate)     14 July 2025

The facts posted as well the profile of the querist suggest that he is setting question papers or riddles for us.


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