un regsitered partition deed is in admissible in evidence 

2) An instrument of partition of immovable property of the value of 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

3) it is admissible for collateral purposes like division of the status and nature and

character of possession

4) 

Section 35 of the Indian Stamp Act contains a bar against

admissibility of such document in evidence and the same reads as follows:-

Instruments not duly stamped inadmissible in evidence etc.:- No instrument

chargeable with duty shall be admitted in evidence for any purpose by any person

having by law or consent of parities, authority to receive evidence, or shall be

acted upon, registered or authenticated by any such person or by any public

officer, unless such instrument is duly stamped.

5)deed of family settlement can be entered into among legal heirs duly stamped and registered 

Dear Client,

Keep it oral partition as once partition reduced into  writing, registration is mandatory otherwise invalid. Transfer will be through release deed and heir who are not available can execute POA to authorize any close one to act on their behalf.

Apply for legal heir certificate, property inherited by 1/10th each and deceased share will inherit in his heirs. 

all the legal heirs who are presently not in India, can give a power of attorney for purpose of effectuating the earlier partition deed

this power of attorney can be given to you or any other heir of your father or uncle

then a deed of confirmation to confirm the earlier unregistered partition deed can be made and the parties can sign either in person or through the power of attorney holder

the above deed can be registered so that it binds all the parties

thereafter the legal heirs or any of them can obtain letters of administration from court and get an administrator appointed for the ancestral property as well the self acquired property of your father

the administrator can then transfer the shares in the property to the respective party as agreed in the above confirmation deed

wherever a party requiring to sign the transfer deed between the administrator and that party, is not in India, that can be signed by the POA holder

Unregistered partition deed is invalid in eyes of law. It has to be registered for the mutuation.

1. Make a detailed list of "ALL" the Properties and the present persons who are in possession.
2. Make a detailed list of "ALL" the residual Legal Heirs, who may be having any interest in the properties, irrespective of any criteria.
3. Take registered POA of persons, who cannot attend event of signing a Deed, in favor of any one person who can take responsibility of the same.
4. Execute a "Family Settlement Deed", with mutual consent & signatures of all concerned and the POA holder, mentioning all the properties and all the legal heirs and how the proper is to be divided /partitioned /released/ whatever and in whose favor and in what ratio or in what other way and record them in this Deed.
5. This Deed can be used for current mutation in names of persons recorded in the Deed and shall be legally enforceable for all futuristic needs such as Sale /Partition/ Transfer /Gift /Mortgage or whatever.

Keep Smiling .... Hemant Agarwal

Unregistered partition deed is not legally valid.

A partition suit may be filed before court, in which if all parties come together and arrive at a compromise solution, then they can draw a deed accordingly and get it registered to enable mutation of the properties in their respective names.

The legal heirs can arrange for a mutually agreed partition among themselves on the terms and conditions already agreed among themselves, if this is not possible then they may approach court with a partition suit by which they can get a proper legal solution which cannot be challenged.