unregistered partition deed

Unregistered partition deed is not valid in law hence the seller cannot derive title from such documents. 

If he is not getting the registered partition deed then there's no use of buying the property from a person whose title is defective. 

Partition deed is compulsorily registrable document u/sec 17 of Registration Act. Title/ownership of property do not pass through unregistered partition deed. 

Respected Advocate ji, 

Can you also tell us about Memorandum of Partition? 

In what way is it different from Partition Deed?

Will a Memorandum of Partition be valid without registration?

Regards, 

Krishna Kishore

In case where the co-owners mutually consent to the partition of their undivided share in the property(ies), it can be carried out: By a written instrument; or A Deed of Partition or Family Settlement Deed are the written instruments that may be executed to effectuate partition of property(ies) between co-owners.

Such unregistered deeds are legally valid and can be enforced in law.

It should not be an unregistered regular partition deed because it is not recognised as legally valid document. 

Respected Advocate ji,

Thank you very much for your kind response. 

Regards,

Krishna Kishore

You are wlecome for your appreciations Mr. Krishna Kishore.

Proviso to Section 49 of the Registration Act provides for acceptance of unregistered documents in specified situations -

49. Effect of non-registration of documents required to be registered.—

No document required by section 17 1 [or by any provision of the Transfer of Property Act, 1882 (4 of 1882)], to be registered shall—

(a) affect any immovable property comprised therein, or

(b) confer any power to adopt, or

(c) be received as evidence of any transaction affecting such property or conferring such power, unless it has been registered: 

Provided that an unregistered document affecting immovable property and required by this Act or the Transfer of Property Act, 1882 (4 of 1882), to be registered may be received as evidence of a contract in a suit for specific performance under Chapter II of the Specific Relief Act, 1877 (3 of 1877)  or as evidence of any collateral transaction not required to be effected by registered instrument.

Respected Advocate ji,

Thank you very much for your kind response. 

Regards,

Krishna Kishore