Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

SRAVAN KUMAR (STUDENT)     13 July 2023

Unregistered partition deed valid or invalid?

DEAR SIR/MADAM,
MYSELF SRAVAN, AGE 27 YEARS, WE HAVE A OLD ANCESTRAL PROPERTY OF SHEETED ROOF HOUSE IN ABOUT 220 SQ.YARDS IN THE NAME OF MY GRANDFATHER WITH HOUSE NUMBER AND ELECTRICITY USC NO. STILL IN MY GRANDFATHER NAME.
MY GRANDFATHER PASSED AWAY IN 1997 AND HAS ONLY SON THAT IS MY FATHER , HE PASSED AWAY IN 2021.
TO MY FATHER WE ARE 3 OFF-SPRINGS .
SON MYSELF ELDER , TWO SISTERS ONE IS SONY, 23 YEARS AND OTHER IS CHINNY 22 YEARS.
CHINNY ELOPED WITH SOME OTHER GUY AND PUT UP SOME FALSE CASES IN OUR FAMILY FOR WHICH WE GOT COMPROMISED AND A PARTITION DEED WAS SIGNED BY ALL OF US.
ACTUALLY THE HOUSE AFOREMENTIONED WAS DEMOLISHED AND NEW RCC SLAB HOUSE WAS 70% COMPLETED AND IT IS LOCATED IN GRAM-PANCHAYAT WHERE THE LANDS DOES NOT COME UNDER REGISTRATION. I HAVE RECENTLY APPLIED FOR MUTATION OF NAME IN TAX AND ELECTRICITY RECORDS FROM MY GRANDFATHER NAME TO MY NAME.
IN PARTITION DEED, WE MENTIONED HOUSE NO AS 4-94/3 WHERE AS CORRECT NUMBER IS 4-49/3 AND THE CONDITION OF HOUSE NOW IS RCC HOUSE 70% BUILT IN 240 SQ.YARDS BUT WE MENTIONED AS DEMOLISHED HOUSE PLOT OF 151 SQ.YARDS. IN PARTITION DEED
THE PARTITION DEED IS ALSO NOT REGISTERED.
WE FAMILY MEMBERS ARE NOT WILLING TO GIVE PROPERTY TO HER AS SHE NOT ONLY DEFAMED US WITH FALSE CASE BUT ALSO CAUSED MENTAL AGONY.
PLEASE LET ME KNOW WHETHER THE AFOREMENTIONED PARTITION DEED BE LEGALLY VALID FOR HER?
CAN WE CHALLENGE IT NOW?



Learning

 8 Replies

T. Kalaiselvan, Advocate (Advocate)     13 July 2023

Section 17 of the Indian Registration Act, 1908, it is mandatory to register your partition deed. The deed can be recorded by paying a stamp duty of Rs 1000. Remember that unregistered deeds cannot be used as evidence for any purpose.

 

Advocate Bhartesh goyal (advocate)     13 July 2023

Registration of  partition deed is compulsory and unregistered partition deed is neither valid nor admissible in evidence. 

Real Soul.... (LEGAL)     13 July 2023

 The partition deed having error of numbers doesn’t make it ineffective  but would be a document firmly to be used as evidence;the name of parties and location and understanding terms all will have to be seen in context. So it is better  to  settle the family partition amicably instead of going for tug of war.

P. Venu (Advocate)     13 July 2023

Whatever the situation, you cannot deprive your sister of her share in the property.

Dr. J C Vashista (Advocate )     14 July 2023

Well opined and advised by learned experts, I agree and nothing more to add.

Shashi Dhara   19 July 2023

Deny her title and file declaratory and injunction  suit against her ,the court will decide in 2045.

Mr. Sumitra kumar (Advocacy)     19 July 2023

What a false and academic questions being put here and to my suprise they manage to get replies!

 

Thank you.

Abdul   10 January 2024

If you acted upon that partition deed then there is no requirement of registration of document. u can approach court . And used unregistered partition deed as evidence. Call me on 8055565757


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register