• Partition deed

Dear Team
We have applied for Partition deed in 2014 as my expired, then, without leaving any Will for us. There was a dispute in our land which while verification shown as government land in the records. It was mistakenly written in the records. Now, after 4 years, it is cleared and displayed online as our land only. 
But the problem is that, as per Sub registrar office, they put our deed in refusal without any issuance of notice ti us and asking us to take the deed away from them and raise an appeal at District registrar office with all backup documents. We have paid Rs. 60,000 to advocate for Partition deed. Now, without any fruitful output, we are being told to take the deed back. Don't know what district registrar office will say and when they will order to sub registrar office to process and when the deed will be made. 
Please advice whether the deed be taken back from refusal and process further. If taken to district registrar office, shall we be justified. Please advice the legal approach.
Asked 4 years ago in Family Law
Religion: Hindu

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7 Answers

1) Try to go as per sub registrar inform, to raise an appeal with higher authority to him is District Registrar. See what district registrar say.

2) submit the same deed which you have submitted at sub register office.

3) when sub registrar had refused your documents. There is certain time limit to make an appeal to district registrar.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

You must appeal against order of sub registrar before district registrar as it was passedin violationof principles of natural justice

Ajay Sethi
Advocate, Mumbai
87892 Answers
6207 Consultations

5.0 on 5.0

Before taking it back, take you chance by approaching the High Court and filing a writ of mandamus against the sub-registrar.

Since the mistake in the records has been rectified and your land no more appears as a Govt land in the records, you must seek a direction against the sub-registrar to proceed on your application in accordance with law and take a decision thereon by accepting or refusing the same.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

You first prefer an appeal against the decision of the sub-registrar before the District registrar, let his analyse the facts and give his decision.

If there is no fruitful decision from district registrar too, then you may file a writ agaisnt the decision seeking direction to the sub-registrar to do the needful as per the orders of court, if there is an order by the court to proceed with the registration accordingly.

T Kalaiselvan
Advocate, Vellore
78048 Answers
1543 Consultations

5.0 on 5.0

Dear Client,

On what note, Sub registrar questioning the validity of partition deed.

What is the status of case. Instead of reapplying, file appeal against the order instead of reapplying for partiton. rest can be advise on perusal or documents.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

As per S.71 of the Registration Act, the registrar has to record the reasons for refusal to register. Then you can prefer an appeal under S.72 of the act to the district registrar. Don't worry, it shall be registered.

Rajaganapathy Ganesan
Advocate, Chennai
2085 Answers
8 Consultations

4.9 on 5.0

These are 2 different proceedings. Filing of suit for partition is in civil court and proceedings before sub registrar office is another issue. When your work is getting done through sub registrar office I don't think partition suit is required.

Prashant Nayak
Advocate, Mumbai
27224 Answers
88 Consultations

4.4 on 5.0

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