Stamp for registration of family partion as per court degree in tamil nadu
shanmuga sundaram
(Querist) 24 July 2012
This query is : Resolved
a dist.court in tamil nadu has passed a degree on family partion of property on the basis of compromise by both parties. now the position of how register the proerty document is not clear.as one saying is that court degree is a perfect document to proof of ownership of proertys but there will be no EC Document if it is not registerd.Registration of the whole degree documents costs heavily & it does not require both parties present in registration office.where as if a family partion document prepared on the basis of court degree for registration ,it is mandatory that both parties should present in registration office.since both parties are not in good terms, how to do this registration of this propertis.annoymus
Anirudh
(Expert) 24 July 2012
If you have a decree passed by the Court, and if the decree clearly says as to what will be your share in the property and if the said decree shows the boundaries of your share, then on the basis of the same you can approach the Sub-Registrar's office and get the same registered. THERE IS ABSOLUTELY NO REQUIREMENT THAT BOTH THE PARTIES SHOULD BE PRESENT. IT IS THE DECREE OF THE COURT WHICH IS A MUST AND WHICH MUST BE HONOURED BY THE SUB-REGISTRAR'S OFFICE.
Yes, there will be umpteen number of persons who will confuse you, even the officials in the sub-Registrar's office will misguide you. But it is for you and your Advocate to go, point out to the Registrar's office and if need be ask them to indicate the rules/law on the basis of which they require both the parties to be present etc. etc.
