Dear Sir, Mine is a very twisted problem 1.My grandfather is having around 25 acres of land which was divided as follows a. Initially divided (among 3 sons) in front village heads by writing in a white paper in the year 1999 and everyone enjoying equally . b. Later without knowing to my father some how all the property was shared excluding my father in the year 2002 (same has registered by my grand father secretly) c. after dismiss of my grand father in the year 2006 we have came to know about this and questioned others and everyone has agreed to re portion and according to that we have divided the property again on a Rs.100 Stamp paper (unregistered document but signed by everyone ) in the year 2009) same got implemented through MRO and we have received passbooks even e passbook over my father name d.But in the year 2011 my father has expired in a road accident soon after that brothers of my fathers has occupied 2 acres out of 7 acres which is in fathers name (converted to my mother name in the year 2012) saying that the unregistered 2009 document shall not hold any validity and they are saying 2002 registered document alone hold value my question is is it really possible to scarp the 2009 stamp paper portion document ??? i believe its got implemented so it must posses some value kinfly suggest over this case
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unregsitered deed of partition is in admissible in evidence
2)in your case unregsitered agreement has been signed by parties and duly acted upon and e passbooks issued
3)file suit for eviction of your uncles as your uncles had re partitioned land in 2009 and passbooks issued
4) further on father demise 7 acres has been mutated in mother name
my question is
is it really possible to scarp the 2009 stamp paper portion document ???
i believe its got implemented so it must posses some value
kinfly suggest over this case
As per transfer of property act and the provisions of appropriate law in this regard, the unregistered partition ded is not valid in law.
However if the brothers have agreed for oral partition and if the mutation of property was properly done with the other shareholders not objecting to it at that time, they may have no grounds to defend their case if you file a suit for declaration of title and possession including a mandatory injunction against them to not to interfere into your possession and enjoyment
It has to be properly planned and the legal battle has to be fought by using the situation in your favor using the loopholes accordingly in your favor.
Discus with an experienced lawyer in the local and proceed if his advises are found to be suitable and convincing.
1. Since the partition deed has not been registered it cannot be admitted in evidence. The partition so effected is of no legal force in the eyes of law.
2. Since, however, the mutation has been sanctioned you may file a suit for declaration of title and recovery of possession in the civil court. They may have waived their right by not objecting to the mutation.
3. Consult a lawyer with the complete set of documents.
