PARTITON OF HUF

Querist : Anonymous (Querist) 04 November 2010 This query is : Resolved
I HAD MADE PARTITION AGREEMENT OF HUF PROPERTY WITH MY SON
IT WAS AGREED THAT THAT PARTITION DEED WILL BE DRAWN AND STAMP DUTY WILL BE PAID BY BOTH PARTIES IN EQUAL
THIS AGREEMENT ISOT REGISTERED WILL THIS HOLD GOOD IN COURT AS I BELIVE ALL SUCH AGREEMENTS MUST BE REGISTERED AND STAMP DUTY MUST BE PAID
KINDLY GUIDE
THANKS
BIRINDER SINGH

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R.Ramachandran (Expert) 04 November 2010
Dear Anonymous,
I take it that only father and son are the members of the HUF. Then the partition between the two is OK.
The stamp duty on Partition deed will only be nominal.
The Agreement has to be got registered.

adv. rajeev ( rajoo ) (Expert) 04 November 2010
If it is your self acquired property then agreement can be made with your son regarding partition, but it should be regd.,
If it is ancestral property then you cannot made an agreement of partition with your son only, other family members are also got equal share
Registration is not compulsory to will

s.subramanian (Expert) 04 November 2010
Since the partition is already over,you can prepare a memorandum of concluded partition recording the partition already effected. Such a memorandum does not require registration in law.

Devajyoti Barman (Expert) 05 November 2010
Yes

Kirti Kar Tripathi (Expert) 06 November 2010
agree

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