rajan (corporate head ) 21 January 2012

Partition

a property was promoted and 4 apartments shared between brothers.a partition deed was entered into assigning an apartment for each of the brothers.does this partition need to be registered before sub registrar.is it valid even if un registered.partition date is in jan 2009.can it be registered now.what are the fees payable.

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3 Replies

sridhar pasumarthy (ADVOCATE) 23 January 2012

Dear Rajan,

Partition deed is not valid unless it is registered.

Your deed is of Jan, 2009. It can't be registered now. The reason is that it must be registered with in four months from the date of execution with a relaxation of further four months on payment of penalty but not thereafter. So execute a fresh partition deed and get it registered.

rajan (corporate head ) 23 January 2012

dear sir

thank you for yr reply.in thec meantime two of the four brothers have settled the property in the favour of their children.in this case the partition deed will be between the two brothers and the children [ represented by their guardians [ brothers ] ].normally for partition deeds between brothers the stamp duty is about rs 10000 ./ can you pls tell me that in our case [ if it is between brothers children ] will registration fee be higher.

rgds

rajan