Unregistered family partition deed

Though the Patta books/revenue records are updated in the name of your father and his siblings, the partition deed shall be compulsorily registered from the year 1986-87 and the partition made during the year, 1992 is not valid in my view.  The land that is not partitioned as you stated how could your father own that land and how the land is transferred to your mother?

An  unregistered partition deed is generally not considered legally valid, meaning it cannot be used as primary evidence to prove the division of property in a court of law as per the Registration Act, 1908, which mandates registration of partition deeds affecting immovable property to be admissible in evidence; essentially, it cannot be used to establish the terms of the partition or the allotment of specific properties. 

An unregistered partition deed is generally inadmissible as evidence in court to prove the division of property.

However under rare and in certain circumstances, an unregistered partition deed might be considered as supporting evidence alongside other proofs, depending on the specific case and jurisdiction.

Therefore you may discuss with your advocate along with the property related documents and opt for proper legal recourse 

Hi Sir,

Thanks for the reply.

This partition deed is written in the Year 1992 only.

I will explain with an example.

there are two sy no 1 has 10 acres, sy no 2 has 15 acres.

As per partition deed my Father share was 8 acres from sy no 1 and 4 acres from sy no 2.

in partion deed they mentioned 2 acres of land boundries of Sy no 1 and mentioned sy no as 2 instead of 1.

now from past 30 years my father has passbook of sy no 1 for 10 acres and out which he registered 2 acres to my mother 13 years back.

still 2 acres from sy no .2 shows my grandfather name in online adangal.

Thanks

If the parties are not amicably settling this dispute without an interference of any outside element they can save money, time and energy and if no consensus is atrived among them then they may have to approach court with a suit for partition. In that case the existing unregistered partition deed will not be recognised as legally valid by court hence the court may pass an order for fresh partition dividing entire property as per law.

The revenue records are not title documents hence think it over properly and take wise decision at right time.

A family settlement made orally and acted upon based on the oral settlement in the past but recorded subsequently in the form of a Memorandum, needs no registration. In such a case, the memorandum of family settlement prepared on the basis of previous oral settlement which has already been acted upon, does not require compulsory registration under the Registration Act. Such an unregistered family settlement deed is admissible in evidence, as well (MunnaLal (Dead) By Lrs. And Ors. vsSurajBhan And Ors :AIR 1975 SC 1119).

Hi All,

Thanks for your valuable responses.

How to determine it is a partition deed or memorandum of family settlement. It was written on stamp papers only but not registered. As we ( parties who signed the deed) are holding passbooks for  the share of lands got through the agreement or deed ,

we have mortgaged lands to nationalized banks and also sold lands to others. If this partition deed is not acceptable by law, how come nationalized banks  give loan or mortgage the land without the signatures of all the legal parties. also, during registration(selling) how come sub register didnt raise this point that all the legal parties needs to sign. 

Also, does limitation act apply here ? I mean each party is in hold of their share of lands for more 30 years and also having passbooks on their name.

Thanks

Agre with Dr J C Vastha , since the agreement was done and acted upon way back dcades with the real parties to agreement  having mutual acceptance cannot be objected. The agreement even not registerd but signed is valid peice of evidance. 

The deed in your possession seems to be an unregistered partition deed which you had rightly stated in your first post of this thread.

Subsequent to this unregistered partition deed the parties to the deed managed to get the revenue records transferred to their names.

After that based on the revenue records and unregistered partition deed they managed to get the loan also.

If strictly going by law the unregistered partition deed is invalid in law and cannot be enforced through court.

Can you ask the same question to the court that how bank granted loan if this is invalid.

Everyone knows the background behind getting the revenue records transferred and obtaining loan against property and how they are managed with the authorities concerned,etc.

Similarly the registrar also had been managed.

Whatever, if the dispute is referred before court at this stage, the court will follow the procedures of law which will be a bitter fact and you cannot disobey the court verdict.

Thanks for sharing your valuable opinions.

You are welcome for your appreciations.  

Are your uncles (father's brothers) alive today? If so, are they denying the partition that has taken place and acted upon?