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Unregistered Partition Deed
2 years ago
Hi everyone,
A has 2 sons ,B and C, where he shared the property between B and C 20 years ago without registering a partition deed. But there is a partition deed complete ly with all the acceptance that B and C can not change or acquire their properties. But A has done a registration in favour of B 10 years ago. So will C have right to acquire the property ? And another key point is A bought the property by the money given by his father which is also mentioned on a separate document .
A.Dear Sir,
You can file a partition suit and take all those contentions. Seek relief of partition and such sale deed may be asked to be declared as null and void and not binding upon you since it is a family property in which you have a share.
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You can file a partition suit and take all those contentions. Seek relief of partition and such sale deed may be asked to be declared as null and void and not binding upon you since it is a family property in which you have a share.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
C can be considered to be a legal heir as per the provisions of the Hindu Succession Act u/S 8 and 15. C shall be considered to fall within the bracket of Class I heir and by the virtue of contest his claim over the ancestral property by filing a suit before the civil court.
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C can be considered to be a legal heir as per the provisions of the Hindu Succession Act u/S 8 and 15. C shall be considered to fall within the bracket of Class I heir and by the virtue of contest his claim over the ancestral property by filing a suit before the civil court.
If you find my answer helpful then kindly rate me.
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A.Hi,
The fact that the first was unregistered works against C in this case. The unregistered deed does not hold much value therefore the court will look for the next legally verifiable document. C can file a suit for partition before the civil judge's court since he has an invested right in the property.
If you find my answer helpful then kindly rate me.
The fact that the first was unregistered works against C in this case. The unregistered deed does not hold much value therefore the court will look for the next legally verifiable document. C can file a suit for partition before the civil judge's court since he has an invested right in the property.
If you find my answer helpful then kindly rate me.
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Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
A.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 as evidence to create any property right of C. Therefore, the registered Deed executed by A in favour of B transferred the legal title of the property to B exclusively and C has no right to acquire the property. The source of money of A doesn't make any difference in this regard.
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