M. Kannan (Consultant) 20 April 2010

Validity of Unregistered partitio share to daughte

This is regarding property division and registration in Tamil Nadu.

Mr. K purchased house property and enjoyed the property till his death. He expired without leaving any Will. He had 4 sons namely S1, S2, S3 & S4 and 3 daughters.

With mutual understanding these 4 sons shared the property equally by preparing partition deed in the year 1960 which was not registered.

The question is regarding Mr. S2.

Mr. S2 was enjoying his share of property till his death. He has 4 Sons and 2 daughters. One daughter already expired in the

year 1981. Mr. S2 prepared a Partition deed on a stamp paper which is signed by himself as well as his four sons. This partition deed was also not registered. This partition deed says his 4 sons has to share the property equally. These 4 sons are enjoying the property as per the partition deed. Mr. S2 expired in the year 2000.

My questions:

1. Since the partition deed not registered, please let me know the validity of the deed before law.

2. What about the share to daughters of Mr. S2 ? Daughters got married in the year 1970.

3. What are the legal remedies available to register in the names of all 4 sons to effect registration details in the encumbrance certificate?

Reply Follow

4 Replies

R.R. KRISHNAA (Legal Manager) 20 April 2010

1. Though an unregistered partition deed cannot be admitted in evidence for proving the terms of partition, it can be admitted in evidence for proving the division in status and the fact of partition. Accordingly an unregistered deed of partition can be used for the collateral purpose namely proving the nature and character of possession of the respective items of properties in the hands of the family members.

2. As per the facts of your case, it is clear that S2 has acquired the property by way of partition from his father so it becomes his absolute and independent share which he can give to anyone. As S2 has divided the property among his sons, the daughters cannot claim any right on it.

3. Execute a fresh partition deed in the name of 4 brothers and register it.

bhagwat patil (Property due diligence 9422773303) 21 April 2010

agreed to RRK.

M. Kannan (Consultant) 21 April 2010

Thank you very much Mr. R.R. Krishna for your timely reply.

Another thing is, One of the 4 sons of Mr. S2 already sold his portion of share in the year 2005. Please tell me whether all 3 sons also sell their portions of share independently to any third party.