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kannan (cus supp engg)     26 September 2009


Pls Help me.  In 1995 my Grandfather and his 4 sons have made a partition dead this partition written in a 22 stamp papers with this dead everyone administrate there shared  property  but this partition dead have not been registered. This partition dead written by my Aunty's Husband he was a staff in Subregister office.   All members signed in this document are alive but we have a xerox copy of the document how to proof this documnent in court .  (4 sons + my grandfather + 2 witness signed in this stamp paper)

 3 Replies

Adinath@Avinash Patil (advocate)     26 September 2009


Unregistered patition deed is no value in eye of laws, it does not go directly in evidence,it must be proved by other circumstacial evidence. you file civil suit for partion & declaration of immoveable properies & moveable properties, in said suit you can file application for production of original unregisterd pation deed.court will grant you application. You can adduce oral evidence e.g. call witness who written partion deed & witnesses on partion deed.

1 Like

N.Ramakrishnan (Advocate/ Senior Partner)     26 September 2009

Dear Mr. Kannan,

I agree with Mr.Adinath. You should file a suit for partition and declaration and file the unregistered document as a Deed of Family Arrangement  (which need not be registered). Thereafter, you can prove the partition through the parties to the document. 

Alternatively, if all the parties to the document are alive, you can get all of them to execute a fresh Deed of Partition and register the same in which you can mention that the parties have already divided the properties as per the unregistered Family Arrangement and the prsent deed is being executed to confirm the same.

Thanks, Ramakrishnan, ADV 

1 Like

Sachin Bhatia (Advocate)     26 September 2009

Agreed with Mr. Adinath's & Mr. N. Ramakrishnan's advise.

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