Is a unregistered but notarised document titled partition deed made 21 years back among grandchildren by grandfather valid. Grandfather stated in this document that he has only three sons and 5 grandchildren and wishes to give away the self acquired property few registered under his name and few under his wife's name to grandchildren only. His 3 sons will remain care taker of the property till grandchildren are minor.He actually has three sons and two daughters. He did not mention anything about daughters. The document was made after grandmother's death in 1995. We got the document after grandfather's death in 2013. Can this document registered now?
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1) registration has to be done within period of 4 months of execution of partition deed
2)with penalty maximum period of 8 months
3) it cannot be registered after 21 years of execution
4) un registered partition deed would be in admissible in evidence
1. The deed of partition is required to be registered as without this the partition has no value.
2. If you want to register the partition deed today then make a fresh partition deed among the surviving legal heirs,divide the properties on consent and then register it.
3. old deed cannot be registered anymore at this time.
The document is titled partition deed but contents are as if it is a gift deed by grandfather to grandchildren.
gift deed has to be duly stamped and regsitered
2) if gift deed is not stamped and regd it is in admissible in evidence
according to the conditions of the deed it is a WILL because he did not transfer properties to his grand children immediately. for the gift property should be transfer immediately, it does not matter that donee is minor. in the WILL property may be transfer immediately to the beneficiary or first transfer limited right in the person thereafter to the beneficiary. so it is a WILL. according to section 17 of the registration act it is not necessary that WILL should be registered.
In either case if the same is not a registered deed it is not valid and can not be put into force.
The unregistered partition or settlement deed is not valid in law.
However if it was a family arrangement it may be valid in provided it is accepted by the opposite party that yes indeed it was a family settlement or arrangement.
The contents as mentioned by you look like gift settlement deed though the title may be partition deed.
However both the things if unregistered, then not valid and it canot be registered now after the death of the executor or donor.
The document is titled partition deed but contents are as if it is a gift deed by grandfather to grandchildren.
Whatever it may be, the deed cannot be registered after the death of the executor or the donor.