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Muthukumar (Software Engineer)     15 June 2022

Unregistered partition deed followed by registered gift deed - legal validity

My father has 3 brothers and 3 sisters. So, including my father, it is 7 children for my grand mother.

One of my father's brother and my father has passed away around ten years (2012, 2013) before.

My father's grand mother has written a will in favour of my father and his brothers for an ancestral property and it is mentioned that my father and his brothers should take equal share.

Using that will, a partition deed was executed in 2015. In that deed, two brothers of my father, legal heirs of my father and legal heirs of another expired brother of my father has signed. It is executed in front of notary public and it is not registered.

My sister and I have executed a registered gift deed to transfer the property to my mother in the year 2018.

Similarly sons and daughters of the expired brother of my father has executed a registered partition deed in the year 2015.

Both of these deeds are registered 

Will there be a problem in future since the partition deed executed by father's brothers is not registered?

Patta is in my grand mother's name. Can I get it transferred to my mother's name?

What will be the parent / mother document for the gift deed that we registered?

 



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 4 Replies

P. Venu (Advocate)     16 June 2022

Apart from the unregistered partition deed, has the partiton been carried ou by by metes and bounds?

Muthukumar (Software Engineer)     16 June 2022

Hi Venu Sir, Yes it is done.

SHIRISH PAWAR, 7738990900 (Advocate)     16 June 2022

Hello,

As per the WILL of grand mother your father is having an equal share in the property. So it can be considered as the main document in your case. 

Sravika Reddy Kohir   17 June 2022

Hello querist, I acknowledge your question. Here the property is an ancestral property according to the Hindu Succession Act, and the will as per which the property was equally shared among the brothers and a partition deed was executed but not registered. Herein since the deed isn’t registered there exists no proper title for the deeds ascertained with respect to the property, when in future if the sisters of your father claiming the property to be an ancestral property might demand their share as per the amendment made in 2005 where they have equal rights over the ancestral property.

Similarly, when the later on deeds, the gift deed and partnership entered and registered shall stand no proper title. When such a partition of ancestral property is executed again and thereby the share received according to the Hindu Succession Act, the patta for the property thereby received can be transferred to the name of the owner of that share of property for further sale of the same.

I hope I answered your question.

Have a good day.


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