1) partition deed has to be duly stamped and registered to be admissible in evidence
2) on mother demise your sisters would have equal share in property .
3) no share has been given to sisters . partition deed would not be valid
How to affect a family partition
Dear Lawyers, Please provide information on the following: 1) I and my brother affected a partition in 1986 and 1987 of property owned by my mother (property purchased by my father in my mothers name). The partition was affected by mentioning all scheduled properties and share division on paper (unregistered document). Is the partition valid as per law?
Asked 8 years ago in Family Law
Religion: Hindu
4 Answers
My parents passed away in 1980 in an accident without leaving behind a will. I have one brother and 2 sisters. Sisters did not recieve any share in the property.
Asked 8 years ago
your sisters can move court to claim one fourth share in property as your mother died intestate ie without a will
2) better arrive at an amicable settlement with sisters and give them equal share in property
3) sisters have equal share in self acquired property of mother . it is not ancestral property and judgment of SC wherein daughters were not given share if partition had taken place earlier would not be applicable to your case
1) I and my brother affected a partition in 1986 and 1987 of property owned by my mother (property purchased by my father in my mothers name). The partition was affected by mentioning all scheduled properties and share division on paper (unregistered document). Is the partition valid as per law?
If it was a oral partition also it is valid however the fact should be that you have acted upon the partition and taken possession as per the partition deed by mutating the revenue records and transferring other records in your names subseuently.
This will confirm the partition between you both as a legally valid one.
My parents passed away in 1980 in an accident without leaving behind a will. I have one brother and 2 sisters. Sisters did not recieve any share in the property.
Your sisters are also entitled to a legitimate share in your mother's property who is reported to have died intestate.
Thus the partition between you brothers ignoring the sisters and their interest in their mother's properties is invalid and not biding on them.
If they resort to initiate legal action seeking partition and separate possession of their respective share in the property then you are obliged to give them their due share.
Law of adverse possession also will not operate in such situations and partition suits are not barred by limitation, they can file a suit after lapse of anytime, hence better talk to them, negotiate with their demand and arrange to give them money as compensation in lieu of their share if they agree to it.