Unregistered partition deed Is it valid legally or not? Unregistered partition deed Is it valid legally or not?

2 years ago

Person A has two sons B and C. A shared his property to B and C through an unregistered partition deed 20 years ago. But A has done registered gift deed in favour of B for property which has been shared to C without C's concern 10 years back . Is it valid legally or not

Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
The unregistered partition deed will be overruled by the registered instrument. It is lawful, and because the partition was not registered, there is no way to challenge it in a court of law.
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Anik

Responded 2 years ago

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A.Hi,
The registered instrument will prevail over the unregistered partition deed. It is legal and since the partition wasn't registered therefore there is no scope of contesting it in the court of law.
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Abhimanyu Shandilya

Responded 2 years ago

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A.The question here is how did A get this property? If it is was self acquired property of A then what he has done is alright as partition deed without registration is also valid as per tradition in many states which gets ratified by the revenue officers or pachayat or even by the court or registry officer. Doing a gift deed is also ok as he can do so. But if it is ancestral property then it seems a bit complicated that what he has done although valid or not has to be seen more deeply.
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Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
Possession is 9 points in law. Irrespective of several issues involved in this case the person who is in physical possession may enjoy the property by taking temporary injunction. The civil Courts take time to decide such issues involved.

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Pardeep Kumar Dhiman Dhiman

Responded 2 years ago

A.Hindues me unregistered partner ship deed acceptable hai.
Agar usko exuete nhi kiya hai tab uske aadhar par apna hissa claim kar sakte hai.
Kanoon ke anusar usko vaid mana jaiga.aap uske aadhar par app ke hisse me aai property par purnh adhikar hoga.
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