Unregistered partition deed - legal validity
Querist :
Anonymous
(Querist) 16 June 2022
This query is : Resolved
My father has 3 brothers and 3 sisters. So, including my father, it is 7 children for my grand mother.
One of my father's brother and my father has passed away around ten years (2012, 2013) before.
My father's grand mother has written a will in favour of my father and his brothers for an ancestral property and it is mentioned that my father and his brothers should take equal share.
Using that will, a partition deed was executed in 2015. In that deed, two brothers of my father, legal heirs of my father and legal heirs of another expired brother of my father has signed. It is executed in front of notary public and it is not registered. My sister and I have executed a registered gift deed to transfer the property to my mother in the year 2018.
Similarly sons and daughters of the expired brother of my father has executed a registered partition deed in the year 2015.
Both of these deeds are registered.
Here are the list of documents I have.
1. Will by Father's Grandmother - Registered
2. Partition Deed by brothers of my father - Unregistered and Executed in front of Notary Public
3. Gift Deed by my sister and I to my mother
Will there be a problem in future since the partition deed executed by father's brothers is not registered?
Patta is in my grand mother's name.
Can I get it transferred to my mother's name?
What will be the parent / mother document for the gift deed that we registered?
kavksatyanarayana
(Expert) 16 June 2022
You stated that a partition deed was executed in 2015 and in that deed, two brothers of your father, legal heirs of your father, and legal heirs of another expired brother of your father have signed. It is executed in front of a notary public and it is not registered. In the last, similarly, your father's brother's legal heirs executed a partition and two partition deeds executed, is it not confusing? Without registration of the partition deed for the ancestral property by all legal heirs i.e. without your mother and aunts, you and your sister by suppressing the fact that executed the gift deed. So post facts about your problem.
Dr J C Vashista
(Expert) 19 June 2022
It is better to show the records / documents to a local prudent lawyer for better appreciation of facts, professional advise and necessary proceeding.
P. Venu
(Expert) 21 June 2022
Will takes effect after the lifetime of the testator. The query is silent whether the grandmother is alive or otherwise.
