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Serene Rao (Manager)     07 May 2016

Unregistered partition deed written on stamp paper

In 1992 under the guidance of village elders three brothers partitioned undivided property of my grandfather. On mutual agreement, my Father was given a original partition deed on a stamped paper and signed by three brothers. After retirement my Father went to take possession of the Land allotted to him. One of the brother’s, a local resident, Government Employee, with clout ensured that the Tahsildar does not help my Dad. My Father met the RDO, a honest man. The RDO ordered the Tahsildar to issue the pattadar pass book (ppb) via a Letter referring to the partition deed and facts. Tahsildar did not take any action. My Father met the Joint Collector (JC) and requested justice. Because of my Uncle’s influence the JC issued an endorsement stating the family partition deed written on the stamp paper and signed by the three brothers is not registered so not valid. As a result when-ever he approached the Tahsil office this letter is sent as a response.

Couple of years back my father read in the news-paper that Supreme Court gave a judgement in another case that partition deed written on the stamp paper and signed by the brothers is valid and should be honored. I could not locate the case but I approached the Tahsildar in March 2016. In April 2016 I got a response “in this issue there is no proper registered document as directed in the JC’s endorsement in 2001  … therefore you may be settled the matter in the Civil Court.”.

My Father is eigthy years old with Heart problems. I want to help him to make him Happy. Please advise the options. Thank you for your time and help.

 



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 7 Replies

Kumar Doab (FIN)     07 May 2016

Register the partition/family settlement  deed, whatever it is.

 

Or prove the partition/family settlement in court.

You may show the docs on record to an able counsel specializing in family/property/revenue/civl matters and well versed with local laws and understand the merits and remedies. 

 

Serene Rao (Manager)     07 May 2016

Thank you Kumar ji for your response.

I was researching the net to register the partition/family settlement  deed. Based on the research, it is my understanding that my Father should have registered in Four months from the signature date else you cannot register. If you think I can still register please let me know and I will try that.

Is there any work around I can take that will help me to take up the cause with the collector or tahsildar.? 

 

Kumar Doab (FIN)     07 May 2016

If everyone agrees register family settlement at same terms or current suitable terms.

You may show your research to your able counsel and act as suitable to you.

Serene Rao (Manager)     07 May 2016

In the first place because of this brother it never got registered. My Father waited for him at the registrar office at least three times, his Brother never showed up at the registrar office. He threatened his other Brother not to go otherwise he will not get his share. The other Brother got his share but he is not helping us.

Regards,

 

Kumar Doab (FIN)     07 May 2016

The deceased father's estate ( your grandfather) shall devolve upon his ClassI legal heis (spouse, sons.........)

If no valid partition deed exist and LH are unwilling then partition thru court of pecuniary jurisdiction with boundaries is the option.

You may show the docs on record to an able counsel specializing in family/property/revenue/civl matters and well versed with local laws and understand the merits and remedies. 

Serene Rao (Manager)     09 July 2016

Thank you Kumar Sir.

 

shiv gupta (proprietor)     31 July 2016

hum 2 bhai or 1 bahin hai.bahin ki deah oct. 2013 me ho gayee.bhai mere se bad hai. mere pitaji ki death feb. 2014 me hui.1987 me bhai ke ladai jhagade se tang aakar pitaji se vo alag ho gaya.i. us samay ke anusar properety ki kimat ankkar pitaji ne uske hisse ke rupees use de diye. uski raseed le li. us samay bhai ne ek stamp 5 rupees ka likhkar diya ki aaj ke baad uska pitaji ki kisi property me uska hak nahi rahega.aaj ke baad pitaji ki sari sampati ka hak pitaji ki death ke baad bhi chote bhai ka hoga. sari sampati pitaji ki khud kharidi hui thi.iske bad 2014 tak bhai ne pitaji mataji ya anya kisi ristedar se koi sampark nah rakha.15 dec. 2014 se 31 dec.2014 tak pitaji hospital me rahe.   discharge cirtificate me unhe concicious aur normal bataya gaya.pitaji ne 17 jan. ko mere nam registered will kardi.27 jan. ko vo phir hospital me admit hue. 5 feb. 2014 ko death ho gayee. bhai kisi bhi rup e unke kriyakaram me bhi nahi aya.bad me usne partitio suit dal diya. usne 31dec.2014 ke discharge ke samay ka dotor se likhva liya ki vo sahi bol nahi pa rahe the. aur thode gusse me rahte the. ye sab discharge report se alag galat likha gaya tha.is suit me 1987 ka document jo ki pancho ke samne likha gaya uski validity aur will ki validity batave. 


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