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Ravi Varma   06 February 2025

Instestate partition deed excuted by co-perconers amicably - ec doesnt show ex only cl are shown

My father and his siblings recently executed a family Partition deed successfully (for 4 scheduled properties) all the co-perconers are now the independent owners of thier respective share as per the executed Partition deed.

 i have check the online EC to understand this, and found the following,

The EC lists all the Itemized shedules 4 and for each Schedule it lists all the signatories as Claimants and no Executants.

I have compared with other EC available online on that survey numbers that come under Partition deed and i see in those ECs all signatories of the partition deed in this case all co-percenors appears same in both as Executant as well as Claimant list.

I am now worried if SRO records doesnt show my father n his siblings as Executants but recorded them as only Claimants. Can this be the case? if so what is the legality of this? can SRO records have such situations where they avoid recording executants in this instestate family Parition deed.?

PS: I am also checking the same with SRO however, I would like to know from lawyers if any potention buyer raises question on why EC doesnt show the executant what should i answer?  



 1 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     06 February 2025

A partition deed will be executed by all the co-parceners/joint owners. There will be no executants (sellers) or claimants (buyers), so the partition deed parties will appear in an EC as cross-typed or written. For sale gift mortgage or lease deed etc. the name of the parties will appear as Ex and Cl.  But for some documents like partition no ex or cl.  Therefore, you need not worry.  If you still feel any doubt you can submit a request to the District Registrar concerned to verify the EC and edit if any entry is wrongly fed.


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