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Ramesh (na)     19 November 2010

Oralpartition.

Learned members of the forum please clarify me,whether Oral partition made among the out side family is valid ( In regards to a lay out/Plotting )? Further it is not registered but notarised in one case and is not notarised in another case!


Learning

 6 Replies

shrikant chede (law officer)     19 November 2010

No,it needs to be ragistered

Shashikant V. Patil (Lawyer)     19 November 2010

Dear Ramesh,

Oral Partition has no weightage ,  It is required to be registered .  Even notarised also not having strong weightage. 


(Guest)

As per the transfer of property act every transfer must above Rs. 100 should be registered and also  as per the registration act. So in order to avoid the litigation make it registered

Ramesh (na)     19 November 2010

Dear Friends! My question is in two parts : 1)Can a Owner of property enter in to an Oral Partition, with OUT SIDER OF THE FAMILY? 2)If, yes! Is this Document is to be Registered/Notarised? In this particular case out of two documents found one is just written on a plain paper and the second one is Notarised; is this acceptable in the eye of law? The person is dead in the year 2003; what will be the fate of the properties purchased by the third parties through a register deed after paying the full registration fee to the state?

adv. rajeev ( rajoo ) (practicing advocate)     19 November 2010

any partition with the outsider is not a partition.If the property is in joint name with the outsider then partition can be made.    Any deed should be regd., to avoid the future litigations it is better to register the doucment.  Notarised partition deed is not valid and it has no value in the eye of law.

Bhushan V. Kale (Lawyer)     28 February 2011

Dear Friend, if  a property jointly purchased by some persons (apart from they are belonging to same family or outsiders), they can partitioned it. For example - if an agricultural land purchased by 4 persons, then they convert it for Non Agri. use in a layout plots, all of them can partition the plots amoungst themselves. 

Oral partition is valid. There should be mutation to that effect. But if partition is written then its registration is compulsory. Noterised partition can not confer any title. 


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