• Ancestral property unregistered partition deed is valid or not

The partition deed was made among my family members on 1996. 1996 original deed was lost ( without registering a FIR). I have made another deed on 1998.was written on a Rs 10 stamp paper and was notarized. Property value is not mentioned and unequally divided b/w 6heirs. I have taken 2/6 shares while others 1/6  Now my brothers n their sons are asking me to divide the share equally. with legal heir proof, i have changed the property tax and patta to my name. But, My brothers, through RTI/municipal hearing,they changed the property tax to our family name again. now hearings are going in RDO tto change the patta. I have already got the stay order against municipality. i have shown the stay order to RDO, does he can change the patta. i can use my partition deed as an evidence or is it good to go for the compromise with my brothers, since property is not divided equally.
Asked 3 years ago in Family Law from chenn, Tamil Nadu
Religion: Hindu
Partition deed on a Rs 10 stamp paper and notarized is not a valid document of partition, thus not tenable in law.  Better you compromise with ur brothers.
Fateh Chand Sharma
Advocate, Noida
86 Answers
1 Consultations
4.7 on 5.0
you can ask for original deed from sub registrar office since that is registered .Other wise try settle the dispute mutually.
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
partition deed but provides for division of property among legal heirs . it is required to be stamped and registered . in your case it is made on mere Rs 10 stamp paper and notarised . such a document would be in admissible in evidence .
Ajay Sethi
Advocate, Mumbai
25883 Answers
1409 Consultations
5.0 on 5.0
You did not mentioned about  your previous deed, now you can amicably settle the matter with your others co-sharers and execute a fresh registered Deed of Partition.
Minansu Bhadra
Advocate, Kolkata
266 Answers
23 Consultations
4.8 on 5.0
Agree with experts, nothing left to add
Nadeem Qureshi
Advocate, New Delhi
3701 Answers
140 Consultations
4.9 on 5.0
No partition has taken place as the requisite stamp duty has not been paid. Stamp duty had to be paid in accordance with prescribed rate.
Ashish Davessar
Advocate, Jaipur
19108 Answers
484 Consultations
5.0 on 5.0

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