Reg: partition of house

a partition deed should be got registered.  hence all legal heirs should go for partition.  consult a local lawyer.

If it is an admitted case of all the sharers that the partition was already effected orally among them or any of the party can prove that the oral partition was effected, there is no need to register any document to give effect for the said partition. Such a case, legal proceedings can be initiated against the encroachment.

On the other hand, if the effect of partition is claimed on the basis of any written deed, no doubt, the said partition deed become valid only if the said deed was got registered under the Indian Registration Act.

The partition was oral or in writing, if in writing, whether it was duly witnessed and registered?, if the partition was registered, then the alleged encroachment is illegal and an eviction suit may be filed against him provided the conditions laid down in the said partition deed have been fulfilled or complied thereon.  Even otherwise, without proper partition among all the legal heirs anyone claiming title to any other portion of the property is illegal and thus the encroachment can be termed as illegal occupation.  A partition suit will provide answers for such atrocious acts.