Value/legality of a partition agreement.
Pran
(Querist) 15 March 2014
This query is : Resolved
In my ancestral village, there is one ancestral house property and some agricultural land of about 4 to 5 acres.
There are 7 claimants upon these properties. The house is very small and hence it has the least value among all the properties.
I live in city due to my work and hence I have the least contact with my ancestral village. All the other claimants (excluding myself) have their respective houses in that village.
Thus, it has been mutually decided that I will be given the house property and all the other relatives (claimants) will distribute the agricultural land among themselves.
In this context, I would like to ask that if we all sign a partition agreement between us then, on the mutual understanding of the partition of our ancestral properties can we all be able to mutate our respective properties in our names ?
Since, some of the claimants are very old and bedridden hence registration is not possible.
Please reply, whether mutation of any property can be done without registered documents but only on a partition agreement.
Devajyoti Barman
(Expert) 15 March 2014
All the terms of partition is better to be put into writing wherein any co-sharer can mutually agree to claim or relinquish any particular part of the joint property.
Mutation will be more smooth if the partition deed is registered.
Rajendra K Goyal
(Expert) 15 March 2014
Better get the deed vetted by a lawyer and get it registered.
Pran
(Querist) 16 March 2014
Respected Sirs,
I can do all the possible things which can be done only at the place of residence of the other claimants, as because some of the claimants are old and bedridden and hence could not perform the registration process hence the agreement will be done at their place. And, the original owner has died many years ago without leaving any will.
We all will put the partition matter into writing in the form of an agreement and I will surely get it vetted by a lawyer, but no registration could be done because of the above reason.
And, Mr.Barman as per your last statement can I conclude that if the partition agreement is not registered, then also we all can mutate our names on our respective properties ?
Please reply...
T. Kalaiselvan, Advocate
(Expert) 16 March 2014
The registrar can be brought to home on payment of specified fees for the purpose for getting the registration done in the event of any one not able to visit the registrar's office owing to their old age ailments/immobility. The registered partition deed will enable a smooth mutation of the records of the property in question.
Devajyoti Barman
(Expert) 16 March 2014
Yes, for mutation, registration of partition deed is not required.
