Unregistered partial partition

kumar (Querist) 19 July 2013 This query is : Resolved
Dear all,

My father and my uncle(my father's brother) had 'A','B','C','D','E' Schedule properties which they inherited the said 'C','D','E' Schedule properties in the year 1954 through their father (My Grand father) and acquired the said 'A','B' Schedule properties in the year 1962 through their Uncle(MAMA). My father and my uncle(my father's brother)executed a partial partition through unregistered deed written in 5 Rs Stamp papers of the above 'A' & 'B' Schedule properties in the year 1985.My father developed buildings in his allotted share of 'A' & 'B' Schedule properties and my uncle
didn't develop any building in his allotted share of 'A' & 'B' Schedule properties.Later my father and my uncle executed another partition through registered deed of the above remaining 'C','D' & 'E' Schedule properties in the year 2012.
As partial partition executed in 1985 which is unregistered ,now my uncle threatening us to exchange the share of my father of 'A' & 'B' Schedule properties in which My father taken possession and developed buildings in his allotted share of 'A' & 'B' Schedule properties and even the buildings are in the name of my father till now.Now my queries are
(1)Whether the unregistered partial partition in the above case is valid or not?
(2)whether the court consider the unregistered partial partition executed in 1985 as evidence or not ,in which my father taken possession and developed buildings in his allotted share of 'A' & 'B' Schedule properties?
(3)whether my uncle will succeed if he file a case in the court or not?

Thank you all.....

Follow Query

Report Abuse

Dr. Jyothi Vishwanath (Expert) 19 July 2013
Unregistered partial partition= Is it a memorandum of past partition or it actually divides the property?? Look at the deed carefully and clarify if the deed actually divides the property or records details of past partition.
Unregistered memorandum is valid.
Unregistered partition deed will be considered by the court to only look into who has possession but will not consider it for ownership purposes.