About partition
talarimahesh
(Querist) 11 September 2013
This query is : Resolved
as i said earlier totally we are 5 members (my mother and ourself 4children)legal heirs for my deceased father who left his self acquired house property intestate.thanks for giving me sujestion about family settlement deed.and now my point is whether this family settlement deed should get registered in local subregistrar office or is it enough to make a settlement deed on Rs 100 non judicial bond paper and get notarised.
Dr. Jyothi Vishwanath
(Expert) 11 September 2013
it can be made on non-judcial stamp paper only if it is memorandum of past settlement.
prabhakar singh
(Expert) 11 September 2013
You have to understand that law allows joint or co-owners to make partition of their jointly or co owned properties either ORALLY
or by a DEED.
So if you all decide to go for partition by a deed its registration in subregistrar office would be must.
In case you all agree to partition orally no writing would be required for that hence no question of registration of any oral agreement arises.
Now once an oral partition has been made and has been acted upon by parties on the spot,in future date parties can agree to prepare a MEMORANDUM in writing of such orally agreed and already acted partition for future reference among parties or their heirs,so it can be reduced to writing even on a plain paper or on a non judicial stamp paper of Rs.100/=00 or of any value of choice.
Then conclusion is that a partition deed is invalid unless registered.
But a MEMORANDUM in writing of orally agreed and already acted partition is valid as law does not require it's registration.
The draft of any such MEMORANDUM in writing of orally agreed and already acted partition should be very carefully made so that it never speaks of a partition taking place by it but rather it should refer to a partition already made orally and acted upon by parites.
Rajendra K Goyal
(Expert) 11 September 2013
Well advised by the expert prabhakar singh ji, nothing more to add.
