Unregistered & Unequal partition - Valid or Not ?
Kannan Kandasamy
(Querist) 27 October 2010
This query is : Resolved
Dear Sir,
Our Grand Father had 3 sons & 1 daughter. He expired in 2006 leaving a Registered WILL in favor of his 3 sons only and given no share for his daughter. Most of the properties were self-earned by our Grand Father and a little property was ancestral. We are Hindus and were residing at Chennai from our birth and Grandpa’s property is in Tinneveli which is taken care by our younger Uncle who was staying with our Grandpa in our ancestral house & another uncle in Kerala.
Our Father expired in 2005, leaving our mother, my younger brother & myself alone.
We asked to do the Partition of our Grandpa's property from 2006 itself and they didn't do partition and keeps on postponing saying one or other silly reasons.
Meanwhile in 2008, our Aunt (Grand Father's daughter)had filed a suit in the Court asking for share in our Grandpa's property and the case is still in pending.
Latter in 2009 myself & my brother signed in a partition deed in a 20 Rupees Stamp paper [{my mother gave a Registered power of autonomy for me for our Grandpa's property}(me -> for Myself & for my mother)]and our 2 uncles also signed in the same. At that time itself i told that the property is not shared equally into 3 parts and we were given a little share only when compared to our 2 uncles. But our relatives said that the properties are shared equally and the properties which come under your share are of more value and the properties given for your 2 uncles are of less value and so only the total property for them seems to be high. Believing their words we signed in that 20 Rupees Stamp paper, which is not yet registered.
Now my question is whether that Unregistered Partition Deed is Valid or not?
Because latter I came to know that by Government value our share comes around
5 lack rupees, while our uncles share comes around 10 lack rupees each and so i didn't accept for registering that Partition Deed.
But using that Unregistered Deed one of our uncle had transferred his share(as per 20 Rupees Stamp Paper) to his 2 sons name & another uncle transferred his share (as per 20 Rupees Stamp Paper)to his wife's name.
What should I do to get Equal share?
Please advice me in this regard.
Any advice will be very much helpful to me & our family.
Also if any other detail is needed also please inform me & I'll send it immediately.
Thanking you
K.Kannan
+91-9489622056
Raj Kumar Makkad
(Expert) 27 October 2010
There is no necessity to have an equal share in the partition as parties to the partition can distribute their properties as per their whims and wishes and once agreed, there is little scope to back out from acceptance of the agreement.
In your case, the scope of back out is very limited. If you still want to contest then file a civil suit challenging the transfer of the shares of your uncles without having formal partition of the still joint properties.
Devajyoti Barman
(Expert) 27 October 2010
You can only challenge the partition deed if you could prove that the partition deed was executed not out of free will or done by exercise of force. If such factors were there then you could file suit for partition and injunction.
adv. rajeev ( rajoo )
(Expert) 28 October 2010
If you are not satisfied with the present partition, file a suit for partition taking contention that the already parition is not correct and unequal.
RAVI B SHAH
(Expert) 28 October 2010
First you have to file an application in to the S.D.M. Court for cancellation of transfer entry with the detail of partitation done by our family menbers is not correct and unequal and also file a partitation suit .
s.subramanian
(Expert) 29 October 2010
I support the view of Mr.Barman.
Kannan Kandasamy
(Querist) 01 November 2010
Thanks a lot for all those Experts for giving their kind advice.
best regards
K.Kannan
