P.V.Poornima (Lawyer) 18 March 2008

Partition of properties

Please answer me whether the Partition deed-un regsitered in the family done in the year 1987 is valid

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18 Replies

GOPI KRISHNA (ADVOCATE) 18 March 2008

yes it is valid, it can't cancelled on the ground of unregistered as the stamp duty payable is nominal

Ranganathan.N (ADVOCATE) 19 March 2008

The validity of the deed can be questioned by going throuigh many points.whether you are going to claim or you are going to prove.In whose possession is that land now!then only we can decide.

Guest (n/a) 19 March 2008

execellent

Rajesh Kumar (Advocate) 23 March 2008

Partition can be made orally- however if it is made in writing, it requires registration. If it is not registered, it cannot be read as evidence in the court of law. Nevertheless, the document can be used for collateral purposes- like contradicting a person who is saying some other things than what is stated in the document. If the partition was done my metes and bounds at the time of partition in 1987, as per the deed- there is no legal issues as time has lapsed.

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A.JAYASIMHA (BUSINESS) 23 March 2008

Dear sir,
Partition made orally in 1987 then it was put into writing, not registered. But the co-sharers were put into possession and katha was done and some of the co-shareres sold thier share of proprety as per the document.That means as perthe unregistered partion deed all the members involved in the partition accepted and acted upon.Can now any one of the member of partition question the legality of the document?

A.JAYASIMHA (BUSINESS) 23 March 2008

Subject : BENAMI TRANSACTION PROHIBITION Act
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Sir, "A"Purchased site in 1957 from "C"for "B" money paid from "B"."A"transfered the site to "B" in 1959 by a reg.documents in which the recitals extablish the BENAMi dealing.Possession of the property from the beginig till dtae wih "A"Now in 1999 "B"filed a suit for possession on "A"claiming title on 1957 document.Whether the suit is maintainable or not as the suit is filed after 1988.Please reply and kindly enlighten me about the applicalbility of "RAJAGOPAL REDDY's Case

GOPI KRISHNA (ADVOCATE) 24 March 2008

your quiry has answer, since all the persons have accepted the partiion then question of legality does not arise.

A.JAYASIMHA (BUSINESS) 24 March 2008

Thank you sir

Guest (n/a) 31 March 2008

whether it is before the Panchayat member, are you belongs to Hindu or any other. Even oral partition also valid if it is accepted by mutually before the Panchyath.

A.JAYASIMHA (BUSINESS) 31 March 2008

Thank you

G.VIGNESHWARAN (ADVOCATE) 01 May 2008

HOW THE ORAL PARTITION CAN BE PROVED?

Rajesh Kumar (Advocate) 02 May 2008

Oral partition can be proved by oral evidence, factum of possession, conduct of the parties etc.

lakshmanan (advocate) 30 May 2008

division of joint interest is the igredient of partition that can be proved by subsequent conduct of the parties to partition . Natue of possesion itself will prove the fact of partition