Partition deed unregistered
2 years ago
A has bought a property from some X 40 years ago. A has two sons B and C. A, B,C has written a unregistered partition deed on said property 20 years ago as per Hindu law and mutated revenue records in names of B and C. 18 years ago C died and names were mutated in name of C's wife . 10 years back A has executed a registered gift deed on property which was shared to C in favour of B's name. 5 years back C' s wife executed a gift deed in fovour of C's two sons and mutated names in revenue records in son's name. Now B is claiming that this property belongs to him and asking to cancel mutations done in names of C's sons.is it valid legally. I want legal advice for whom property belongs if both B and C's approach civil court?
A.Dear Sir,
Filing a suit is of waste as everything is borne by conduct of the parties as they are enjoying the properties as per their unregistered partition deed and followed by Gift Deed and actual possession. Nobody will get any benefit if anyone of them approach Civil Court.
Read a blog on How to file a partition suit in India [A step by step guide]
Ayantika Mondal @ Prime Legal
Responded 2 years ago
Any or all of the co-owners can file a partition suit. The co-owners can be legal heirs also if it is a family property. Anyone having a share in the property which is intended to be partitioned can file the suit. Since you fall within the bracket you can simply approach the court for the allotment of the piece of land.
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An unregistered partition deed does not hold much significance. Secondly, they can approach the civil court for adjudication. You can enquire with the revenue inspector regarding the piece of land as well.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
To attain legal validity, a partition deed must be registered so unregistered partition deed executed 20 years ago has no legal validity and is not admissible in evidence to create any property right of C therefore such mutation in favour of C has no legal validity more particularly because 10 years ago through registered Gift Deed executed by A in favour of B transferred the legal title of that property to B exclusively and therefore B as the legal Owner of that property is entitled to ask for cancellation of the names of C's sons from the Record of Rights.
It is pertinent to mention that as C had no legal title in that property, therefore, 10 years ago after execution of registered Gift Deed by A in favour of B, the legal title of that property was transferred to B exclusively and C's wife did not have any right to execute any Gift Deed in respect thereof.
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