Partition document

The partition deed is registered?

How was it cancelled?

'Buyer Beware' applies to property deals.

It shall be appropriate to get proper legal opinion from a very able local senior counsel of unshakable repute and integrity specializing in revenue/property/civil/DRT matters before signing or making payment.

This may cost some FEE but can defend long term interest and hard earned monies.

For your academic interest;

1st thing 1st; Obtain mutation record with all link docs from the O/o authority under whose jurisdiction property falls say; MC and determine who was 1st owner and whether the property in the hands of 1st owner amongst forefathers was self acquired or ancestral and also on strength of which documents the ownership was effected for A,B………say some registered family agreement/settlement and whether the said partition/cancellation deed, legal heir certificate are submitted.

It is believed that all involved are Hindu and Hindu Succession laws/rules shall apply in this case.

The nature of property that devolves by inheritance, WILL, partition is; self acquired.

In case of Hindu male that has died without disposing self acquired property owned by him by a valid/registered deed/WILL; The 1st right for equal share is of his ClassI legal heirs i.e Mother ( if alive as on date of death), Wife ( if alive as on date of death), sons, daughters……….. The share in ancestral property devolves upon his legal heirs.

In case of Hindu woman the nature and source of property matters.

In case of Hindu woman that has died without disposing property owned by her self acquired/absolute property/estate by a valid/registered deed/WILL; The 1st right for equal share is of her legal heirs i.e Husband ( if alive as on date of death), sons, daughters………..

If the property is acquired from parents side the 1st right for equal share is of her legal heirs i.e sons, daughters………..and in their absence legal heirs of her father.

If the property is acquired from husbands side the 1st right for equal share is of her legal heirs i.e sons, daughters………..and in their absence legal heirs of her husband. The property from mother’s side is not ancestral.  

You can determine the share of each legal heir accordingly and see how come A, B is vested in sons alone.

You can determine the share of each legal heir accordingly and see how come A, B is vested in sons alone.

The process and procedure to get share updated in mutation records is simple.

The authority under whose jurisdiction property falls has a set procedure for such matters if NO WILL has surfaced; Intestate Succession…….and the prescribed forms, procedure, process is available in O/o Authority and even on website. Certified copies of the death certificate, legal heir certificate/affidavit (per local procedure/precedence) are basic requirements.

The authority shall update share as per provisions of personal law that applies in mutation records.

By the updated mutation records the legal heir(s) attain rights equal to that of owner and can enjoy/dispose the property/share like owner.   The only thing remains is partition by boundaries. That can be achieved either amicably or thru court.

Once again; If the said partition deed was cancelled then it is to be seen as how and on strength of hat docs the whole estate was divided, as posted by you.

Generically speaking; If all legal heirs of all deceased sign as consenting witness then it may cover the defects if any………………

However let your own LOCAL counsel as already posted opine after examining all docs, inputs, record.

Thank you all for your help on above. I consulted local lawyer and got the documents verified. He raised one question stating that the main link document is laminated and i will not be able to get loan on this in future. Delamination is not possible because the owner has done the lamination as the docs were in spoiled stage. When i asked whether there will be any solution, he says no. Just want to know whether that is correct or not and please let me know if there is any other alternative for this. Just want to reiterate, the first document[This happened between Housing board and the expired father} is laminated and not the parition document. Please advise. Thanks in advance

For your and anyone's satisfaction ini future you may attempt to get certified copies or puruse RTI route.

If document is original, old, laminated that can be verified.

So, do you mean to say that Banks can give loan even if the documents are laminated after verifying it with Nakal/certified copies from local registered office? please correct me if i am wrong and provide more clarity on the RTI route. Thanks.

The said Housing Board might be covered under RTI route.

The lender may not feel  pressed by any compulsion. The lender mat take IT's own decision.

The lenders do verify docs with record.

If copy of said laminated documents is available it can be obtained and verified.

I am asking from a bank loan perspective, will banks approach this route or directly reject stating laminated documents cannot be given any loans.

Bank/lender alone can inform what is IT's version.

It might have its own internal SOP to lend its good money.

Isn't it!

ok. Thanks.