Regarding admission of unregistered partition deed
Adv.Vishal Anil Vyavahare
(Querist) 10 August 2013
This query is : Resolved
Respected Sir,
Plaintiffs son of Defendant filed suit for Declaration And Injunction that partition has been effected by unregistered Partition Deed and defendant (father of plaintiff) and his wife got share according to that partition deed. But plaintiffs added the condition by playing fraud and taking advantage of illiteracy of def in the unregistered Partition Deed that after demise of Def and his wife share will be equally distributed between plaintiffs. Actual fact is that plaintiffs having Two Sisters and they did not get any share from the JF property and it was decided at the time of Partition that Share of Def and his wife will equally distributed between the Two Daughters thats why Two Sisters/daughters was not party in the Partition Deed.
Plaintiffs file the false suit to get the share of Two Sisters.
Defendant Admitted the partition But denied the condition imposed or added afterwards without the knowledge of Defendant in unregistered Partition Deed as partition is transfer and no one can impose any condition to alienate and cultivate the share according to sec10 of TP Act.
So please suggest that whether unregistered Partition Deed can be read in Evidence as Defendant admitted the partition only not the illegal Conditions added by the Plaintiff without te knowledge of Def. ?
Please Provide case law for the above Ratio.
Thanks And regards,
Vishal A. Vyavahare
Advocate Chandwad (Nashik)
prabhakar singh
(Expert) 10 August 2013
An unregistered partition deed as such is not admissible in evidence as it is required to be registered under Indian Registration Act.
Despite admission of partition,the partition in this case can not be developed as oral too since all sharers did not join it(you stated daughters were left at then).
Devajyoti Barman
(Expert) 10 August 2013
If the execution of the deed in question is admitted by the other party then the deed deed even if unregistered can be exhibited in evidence,
prabhakar singh
(Expert) 10 August 2013
It is true that a partition can be oral also;but once it is by a deed it's registration after proper payment of stamp duty is a must and even this activity would not validate a partition if it was not made among all co sharers.
If admission in court can do such miracles then no buyer - seller would pay stamp duty nor shall visit registry office.
Even a decree of partition passed by court is required to be registered.
So also a compromise decree with respect of
an immovable property admitting a titleless party as owner.
prabhakar singh
(Expert) 10 August 2013
Parties can not negate law just by making admissions.
R.K Nanda
(Expert) 10 August 2013
no more to add.
prabhakar singh
(Expert) 13 August 2013
THE ADVICES ARE DIVIDED IN OPINIONS!
Sri Vijayan.A
(Expert) 01 March 2014
I agree with Barman.
Admitted facts in the deed need not be proved.
However, the defendant has to prove that the particular clause has been inserted by the plaintiff without the knowledge of defendant.
OR
the plaintiff may have to prove that the disputed clause was already available in the admitted partition deed.
