Howmany years the aggrement on rs100 paper is valid with out registering at subrigistrar office
balakrishna vagicharla
(Querist) 13 August 2014
This query is : Resolved
Sir,My wife grandfather has acquired huge properties in and around khammam before his dismisal a partition deed on 100rupees stamp paper was made and all sons and daughters signed on it.Accordingly the property is distributed among them.but till today that partition deed has not been registered at local subrigistrar office.recently my father in law also passed away.now as per succession act my wife and other living sister and brother and her mother will get equal share.But my mother in law and brother in law stating that the property belongs to them only as per grandfather will which is not yet registered he passed away in 2007.will the court accept this will after 7 years which is not registered ?They are denying to show even that will to us.Can my wife file partition suit againest the total property to get her legitimate right of 1/24th share?please give proper suggetion
with kind regards
Balakrishna Vagicharla
ROHIT SHARMA
(Expert) 14 August 2014
1. Yes, even if the Will is not registered it has force of law. If the Will is not put to probate earlier it can be done now also. The court will accept this even after 7 years even if it is not registered. Contact a local advocate who has his office in your locality.
Rajendra K Goyal
(Expert) 14 August 2014
Your wife can file partition suit, if the existence or details of will are not made available. If the will exist, it is valid even if it is not registered.
ajay sethi
(Expert) 14 August 2014
will need not be registered . it would be valid provided signed by deceased in presence of 2 attesting witnesses . if your wife is not given copy of will she can file partition suit
M V Gupta
(Expert) 14 August 2014
First issue legal notice through an advocate demanding share in the property. Based on the reply ur advocate will decide further action.
Advocate. Arunagiri
(Expert) 14 August 2014
Your wife is having share. Let her claim her share by sending the notice. If needed partition suit can be filed.
P. Venu
(Expert) 14 August 2014
apparently, there is some confusion. you mention of a partition deed as well a will. perhaps, a restatement of facts would enable the experts to provide the proper suggestion.
T. Kalaiselvan, Advocate
(Expert) 19 August 2014
Your contents are that your wife's grandfather has duly partitioned his property among his children very long ago and to evidence the same, he has executed an unregistered partition deed on a Rs. 100/- NJS paper. I presume that the partition deed has been acted upon and all the share holders are in possession and enjoyment of their respective shares individually. Therefore, your wife's father, who too was a share holder, acquired his share and was in possession and enjoyment of the same as an absolute owner till his intestate death. Now, where is the question of a Will purported to have been executed by your wife's grandfather once the above partition was effected?, it is just cheating game plan by your wife's mother and brothers. ask her file a partition suit claiming her legitimate share out of the share of property that was allotted to her father.
