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TheKMan (Manager)     27 July 2012

Unregistered memorandum of partition

I and 6 co-workers bought 7 plots from a housing society in 2001. To save on stamp duty, we registered it as a joint registration as 1 large plot. Then, we executed a memorandum of partition on Rs. 20 stamp paper, demarcating each person's plot within the whole, and all of us, excepting one person who was abroad, signed it. We did not notarize or register this document, as the land was of little value at that time. Also, since 7 grounds is less than 5 acre limit, we did not need to get DTCP approval or anything. Now, everybody has retired. One person wants to transfer his plot to his daughter, and another person wants to sell his plot because he has a medical emergency. Should we execute a fresh partition deed and register that before anyone can sell or transfer? Or can some kind of release deed be done? Given the emergency for one person, what is the quickest way of doing this? Can registration of a partition deed or release deed be avoided, and directly transfer or sale be registered?


 2 Replies

TheKMan (Manager)     31 July 2012

Bump... hoping someone replies... I have one additional detail. One of the seven in our group is untraceable... What can we do now? Any options?

K S Narayana Rao (District Registrar)     02 August 2012

1) You can obtain power of attorney from person in abroad to sell the property. Remaining all and the agent can register sale deeds to buyers (The sale deeds should be ratiied after traceing of the un knowen preson)

2) After gerting power o attorney from person in abroad his agent and remaining others and hairs of the untraced person can doregistered  partition. Later each can gift or sell or he can construct his house.

3) In the same way one or others can transer their to others by way of relage but you have to pay stamp duty as convenance

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