validity of unregistered Partition deed
Mr Anonymous
(Querist) 16 July 2011
This query is : Resolved
Dear ALL,
We are residents of Jharkhand.
My mother owned a plot in PUNE, Maharashtra, bought in 2006. She unfortunatly expired in April,2007 leaving behind father and we, five brothers. There are some other properties in Jharkhand in my mother's name.
Recently, in June 2011, we, all legal heirs reached an oral undetstanding that the property in pune is mine(i.e. my Share) and rest of the partion will be done later on suitably adjusting my share in the remaining properties later on.
Thereafter, this oral understanding was reduced in writing as memorandum of partion deed, on a Rs 50 Stamp Paper and all the legal heirs signed the same.
However, the same was not registered.
Now , I am planning to sell the property situated in pune. But the buyer is saying that the Memorandum of Partition deed is not valid as the same is not registerd.My advocate in Ranchi clearly says that the deed, in the circumstances mentioned is not required to be registered and is valid as held by various courts.
As per registration Act, as I understand , this is not a document which is compulsorily registrable.
May pl advise if I can sell the plot as owner of the same as per the memorandum of Partition deed( which reduced the oral understanding in writing) which is NOT Registered.
Ravikant Soni
(Expert) 16 July 2011
Yes you can sale.
A memo of partition which reduced the oral settlement into writing is not required to be registered.
Shashikant V. Patil
(Expert) 16 July 2011
Dear Chetan,
Merely on the Memo of Partion you can not sale the property situated in Pune. In the City Survey dept. still your mother (deceased) name is entered. It is to be entered further in your name. Then only your PR card in your name be prepared by submitting death certificate of your mother alongwith application and your this Memo of Partition to the concerned dept. And in Maharashtra partition deed is required to be registered now a days.
prabhakar singh
(Expert) 16 July 2011
IT IS SO THAT LAW ALLOWS A PARTITION TO TAKE PLACE ORALLY.AND ALSO ALLOWS IT TO BE RECORDED AS AN UN REGISTERED MEMORANDUM WHEN ORAL PARTITION HAS REALLY TAKEN PLACE AND HAS BEEN PRACTICALLY ACTED UPON ACTED UPON.
WILL YOU PLEASE TELL WHY YOUR PARTITION HAS NOT BEEN ACTED SO FAR,WHY YOUR NAME HAS NOT BEEN EXCLUSIVELY RECORDED BY MUTATION AFTER DEATH OF YOUR MOTHER,WHY A BUYER PAYING YOU WOULD EXPOSE HIMSELF TO POSSIBLE CLAIMS OF YOUR BROTHERS IN FUTURE ???????????????????
sanjeev murthy desai
(Expert) 17 July 2011
Chetan Jain,
If the property value morethan 100 Rs value, then it should be registered under registration act. Hence, it is advisable to register the partition before execution of such sale other wise make all other parties as confirming parties to confirm such sale in favour of proposed purchaser.
