Santosh Singh 25 March 2025
Hi I am planning to buy 2acres of agricultural land in Kollegala, the seller and his brother had mutually agreed and divided their fathers property and got it registered in their names after their fathers death. The partition deed was not registered and the seller is saying it is lost. Can I buy this land with out partition deed.
All Khata, RTC etc. are already transferred in his name.
Regards,
Santosh Singh
T. Kalaiselvan, Advocate (Advocate) 26 March 2025
Partition by an unregistered partition deed is not legally valid and the title acquired by an unregistered partition deed is actually defective.
Therefore it is not advisable to purchase the property especially when the unregistered partition deed is also reported to have been lost.
The khata or any other revenue records are not considered as legally valid title document.
Dr. J C Vashista (Advocate ) 26 March 2025
Get the marketability of title of the subject land be verified by a local prudent lawyer before finalisation of any transaction.
R.K Nanda (Advocate) 26 March 2025
Don't buy said land as it's title is not clear.
Advocate Bhartesh goyal (advocate) 26 March 2025
Since partition deed is compulsorily registrable document u/sec 17 of Registration Act so unregistered document ( partition deed ) is legally not a valid document and does not confer title of property so it is advisable not to purchase property on basis of such unregistered partition deed.
P. Venu (Advocate) 26 March 2025
"the seller and his brother had mutually agreed and divided their fathers property" Are those two brothers the only legal heirs to the father? Or, is that anyone (mother/sisters) left out?
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