• Sell of partitioned property

My mother and her 9 brothers and sisters mutually made partition deed/ agreement on stamp paper in 2015 for a property which was earlier in their mother's name ( my grandmother) after the death of my grandmother. The partition deed was done after getting the warisan certificate from village panchayat. Each piece of the brothers/sisters are separate but adjoining in same plot. Each owner hold porcha and have their names recorded in BLR dept. Few of the them already have sold their parts by making registered sale deed. Will the fact that the partition deed is not registered matter in any way if my mother also sell her part through registered sake deed?
Asked 6 years ago in Property Law
Religion: Hindu

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17 Answers

See unregistered family partition deed is valid though it was better if same was registered therefore in case your mother sales the property as per the deed it would not affect the title and the sale is valid.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Partition or family arrangement with regard to joint property does not require a registered deed of partition or family settlement.

So there is nothing to be worried about the partition deed or solenama.

 

So your mother can very well proceed to sell the property without any disturbance from any quarter. 

 

Devajyoti Barman
Advocate, Kolkata
23656 Answers
537 Consultations

Unregistered family settlement deed is valid. your mother can sell. 

Mohammed Mujeeb
Advocate, Hyderabad
19341 Answers
32 Consultations

Yes unregistered partition feed is legally not valid.  If objected by any legal heir in future can be cancelled

Prashant Nayak
Advocate, Mumbai
34583 Answers
249 Consultations

your mother can sell her share in property by registered sale deed 

 

2) in order to confer clear and marketable title it is advisable to register deed of partition to avoid legal complications in future 

Ajay Sethi
Advocate, Mumbai
99869 Answers
8149 Consultations

your mother can obviously dispose of her share by sale transfer

the objection as to non registration of partition deed completely depends on the buyer

if the buyer raises such an objection then it will be considered a legitimate objection

under the partition deed the parties identified their respective shares in the plot owned by your grandmother and thus released their respective rights in the shares allotted to each party. This constitutes a transfer of property which is required to be stamped and registered

pursuant to the partition deed, the parties were required to execute and register release deed in favour of each other which would constitute the ownership title of the party

so it is for the buyer to decide - whether he wants to buy your mother's share on as is where is basis or he wants that your mother must have a registered title deed in her name for her share in the plot

it may be that the same buyer may transact with all the share holders of the plot and ultimately the entire plot would be bought by him - in which case the requirement of registration of the partition deed can be dispensed with by him

Yusuf Rampurawala
Advocate, Mumbai
7904 Answers
79 Consultations

Dear Client,

Once partition effected by distribution of separate portion, it can be sell. It is right that partition must be registered. But no problem, as no dispute between siblings.

Yogendra Singh Rajawat
Advocate, Jaipur
23084 Answers
31 Consultations

Hello, 

if the partition has already been given effect to and the same has not been disputed by any of the legal heir then non- registration of the same will not make any difference. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Dear client 

The fact that partition deed is not registered does not effect the sale deed omit your mother sell her share only. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

It can be considered as an oral partition also. 

Moreover there's not going to be any dispute from other shareholders,  your mother can also sell her share of property by executing a registered sale deed in favor of the prospective buyer. 

There's no legal infirmity in it. 

T Kalaiselvan
Advocate, Vellore
90071 Answers
2500 Consultations

Yes, oral partition is valid.

Yogendra Singh Rajawat
Advocate, Jaipur
23084 Answers
31 Consultations

It is difficult to prove oral partition 

 

2) The oral partition was valid provided the parties in the partition have  acted upon as per oral partition and  the revenue records has been changed as per the oral partition 

Ajay Sethi
Advocate, Mumbai
99869 Answers
8149 Consultations

The mutually agreed partition drawn in writing as per the agreed conditions can be registered as parturition deed or a family arrangement deed, which will suffice your requirement, after which each individual will be the absolute owner with clear and marketable title to your respective share of property

T Kalaiselvan
Advocate, Vellore
90071 Answers
2500 Consultations

Yes it will be sufficient as the property is currently as separate portions are registered in your names. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

yes it is sufficient because of the time  

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Yes but see in oral agreement it is difficult to prove therefore written deed is required. Yes is separate ownership document is there it is sufficient .

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

If there is no dispute then nothing is required.  All the said deeds and agreement are required in case of dispute or further transfer and sale of property

Prashant Nayak
Advocate, Mumbai
34583 Answers
249 Consultations

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