• Unregistered partition deed

My father and his brother used a partition deed in 1969 which is unregistered. Unfortunately, my father and his brother have both passed away and we are trying to btain legal possession document based on the legal heir certificate. The Tehasildar is giving us a hard time as the deed is unregistered.

This is our family home in Odisha. There is NO issue between us we all simply wish to obtain the legal ownership documentation (known as Patta in Odisha).

How do we go about separating and getting an official document (Patta) for the piece of land in our own legal names? 

Any help in this regard would be greatly appreciated. Thank you.
Asked 6 years ago in Property Law
Religion: Hindu

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17 Answers

1. You stated that you and your Uncle's legal heirs have no problem about the property among yourself.

2. In whose name the said property stood before it was partitioned through the said unregistered partition deed?

3.If the title is still in the name of your late grandfather who had died intestate, all the legal heiirs of your father and uncle can not register a partition deed amicably and get the names mutated before the records kept by the Tehshilder by submitting copy of the said registered partition deed.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

Foe getting of Patta the unregistered deed of partition is not required .You need to show long possession of the proeprty which can be established by witness as well revenue records if any.

Now to make sure to avoid future disputes as regards respective possession among the co shares you can make partition deed and register it as well.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

After the death of both the owners who jointly owned the property and now transferred in your names it is better to enter in a new family settlement deed if there are no difference in any party and get it registered to move the partition suit

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

un registered partition deed is inadmissible in evidence

2)since your father died intestate apply for and obtain letters of administration from district court

3) then apply for mutation of property in your name and that of your brother

Ajay Sethi
Advocate, Mumbai
94523 Answers
7485 Consultations

5.0 on 5.0

1. A partition deed which is not registered is inadmissible in evidence, as a consequence whereof the property continues to be undivided. Any legal heir of your father or his brother is at liberty to file a suit for partition to cull out his share in the property.

2. The legal heirs, if a consensus is reached inter se, may amicably divide the property through a registered partition deed.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1.Your query is highly deficient in providing details correctly and clearly. Your query 'we are trying to obtain legal possession document based on the legal heir certificate" is unclear. Do you want to get title of the shares of the property legally or 'legal possession document"? If you get legal title of the share of the property then you shall automatically get the authority to take possession of your individual shares of the said property.

2. The question "In whose name the said property stood before it was partitioned through the said unregistered partition deed?" was asked to know in whose name the title of the property was registered in the Registry office. The records maintained at the Tehshilder's office do not legally specify the ownership but the title deed registered at the registrar';s office does. You are required to inform based on which deed/document, the said title of the property stood in the name of your late father, Uncle and grandmother as claimed by you. Was the property jointly purchased by them or gifted to or willed in favour of them?

3. If the property still jointly stands in the name of your father, Uncle and grand mother as stated by you and if all of them has expired intestate, then all the legal heirs of your father and Uncle can amicably register a partition deed now as has been suggested in my earlier post.

4. The unregistered partition deed executed by your father and Uncle , since deceased, has no legal value whatsoever.

5. Even if the Tehshilder mutates your names in his records, your names do not get registered at the office of the Registrar as the title holders of the said partitioned property for which you might face problem while trying to sell your said share of the partitioned property.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

Hi, you can file a suit got declaration in court .. The court decree passed in your favour can be used to transfer the property in your name in the revenue records

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

There should be no trouble with regards to the unregistered partition deed, especially in view of the fact that there is no dispute in between the legal heirs.

The Tahsildar for reasons best known to him might be sitting tight upon the instant matter,

After giving a representation to him, it is left open for you to approach the High Court and get a relevant direction against the Tahsildar.

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

law is-

"partition – is a declaration of will as regards property – which effects a change in legal relation with property – hence is compulosrily registrable within the meaning of S.17 IRA. In absence of which it does not have any effect and cannot be recieved in evidence of the same.

However in the peculiar facts of the case what the parties had was a mere family arrangement not compulsorily registrable (a mere recital of past facts – not by itself effecting a change in title) Hence was admitted sans registration"

you have to claim the property on the basis of inheritance through court by petition under law of auccession

Varnika Singh
Advocate, New Delhi
327 Answers
2 Consultations

4.9 on 5.0

Dear Client,

Family of both are equal shareholder in the property, even if Tehsildaar is resisting for want of unregistered partition deed, which is actually not admissible in court But a writing which merely states that there has in time past been a partition is not a declaration of will but a mere statement of fact and it does not require registration.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

Section 17(1)(b) of the Registration Act lays down that a document for which registration is compulsory should, by its own force, operate or purport to operate to create or declare some rights in immovable property.

2)partition deed for division of property metes and bounds require compulsory registration

3) An instrument of partition of immovable property of the value of Rs.100 and upwards is a document that purports or operates to create, declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, to or in such immovable property and therefore is required to be mandatorily registered under section 17

Ajay Sethi
Advocate, Mumbai
94523 Answers
7485 Consultations

5.0 on 5.0

Documents that have to be mandatorily registered, should be presented within four months from the date of their execution, along with the requisite fee.

2) In case the time limit has expired, you can make an application to the sub-registrar for condonation of the delay, within the next four months and the registrar may agree to register such documents, on payment of a fine that may be up to ten times the original registration fee.

3) registration of partition deed cannot be after 48 years

4) in your case partition deed is of 1969 . It cannot be registered now

Ajay Sethi
Advocate, Mumbai
94523 Answers
7485 Consultations

5.0 on 5.0

On the basis of oral partition between you father and his siblings, you can apply for patta to your names by submitting an application with details about the oral partition and subsequent acquisition by the legal heirs of the deceased shareholders.

If the Tahsildar is not cooperating, ask him to give it in writing after which yo can file a sit before civil court to declare title to the property accordingly and a direction to the Tahsildar to issue patta based on the court declaration of title.

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

Is there a similar law pertaining to registering of a deed (like family partition or separation)? It is absolutely ridiculous for a Tehsildar to force people and ask for a registered deed where people who are parties to the deed and witnesses are no longer alive.

Any guidance on how to convince the revenue department would be greatly appreciated. It simply feels a gap where bribery becomes the only way to move forward, sadly.

Before passing any harsh comment on the law and the legal system, you should first understand the law properly.

Do not be so sarcastic against the law of the land.

If you have this opinion about the law then you do not have to go for the documents in question.

Your comparison with the birth and death laws to the law on immovable property especially transfer of property is not proper.

The law requires one to have a registered deed for any transaction of the immovable property otherwise it is invalid.

Therefore if yo want relief of Pattadar passbook you may have to follow the legal procedure in this regard meticulously.

T Kalaiselvan
Advocate, Vellore
84722 Answers
2172 Consultations

5.0 on 5.0

Under the provisions of the Transfer of Properties Act any conveyance deed where the title and ownership of the the property to be transferred that document is compulsorily be registered with the sub-registrar.

Long back revenue authorities use to accept the unregistered partition.

In your case since there are no issue between you and your uncle's children for partition or for the settlement it is advised to get the settlement deed or a partition deed registered with the same share of property as between your father and father's brother.

On the base of the registered partition or settlement deed you can approach the revenue authority to transfer the Patta in your name for the respective properties.

Rajashekar
Advocate, Bangalore
591 Answers
4 Consultations

4.8 on 5.0

1. There is an Act in our Country called Registration Act.

2. The said Act states that conveyance of title of any immovable property having value more than Rs.100/- is required to be registered before the Registrar having jurisdiction on the area where the said property is located.

3. The above registration has no relevance or similarity with your citation of registration or non registration of birth certificate.

4. Tehshilder has no authority to allow the mutation as desired by you without being produced with the evidence of your claim i.e. the registered partition deed and if the said partition deed has not been registered by your father and Uncle, there has been no partition of the said property legally recognised.

5. So, you shall have to execute and register a fresh Family settlement deed or partition deed and get your names mutated by submitting copy of the said registered deed before the Tehshilder.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

Hello,

Please take note of the fact that an unregistered partition deed in non admissible.

Since your father passed away without a will therefore you will have to obtain a legal heir certificate/ letter of administration

and after obtaining the same the property can be transferred and mutated in your or your brother's name.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

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