Hi,there can be no dispute over the title once the sale deed and mutation is there as per the land records ..However,the formality neeeded by bank can be for their own purpose
Legality of title of agricultural land in AP
I bought 10 acres of agricultural land last year in AP . The grandfather of the land has Ryotwari patta which is in my possession. The grandfather has 5 sons and 6 daughters and passed away on 2006. They had 100 acres which was distributed among 5 sons in unregistered partition deed. The sisters have not signed anywhere. I bought my land from one of the 5 brothers named RK who is the owner according to passbook and gov records. He has passbook for last 12 years. I bought 10 acres of land from RK and mutated land records and got passbook as well as paid stamp duty, Sale deed was originally singed by RK, his wife and children. I intend to do poultry on the land so I applied for bank loan. The bank forced me to get a confirmation deed done by 5 brothers of RK which was registered. Is there an issue with the title wrt sisters ? Do i need to also get sisters to sign on another confirmation deed.
Asked 4 years ago in Property Law
Religion: Hindu
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11 Answers
1. IF GrandFather (GF) died BEFORE the Partition Deed (apprehensively the 5 brothers mutually agreed for the unregistered partition deed after demise of GF), THEN the sisters has also have rights /claims and cause legal problems, in future.
2. Because the Partition Deed was not duly registered (it is mandatory), the said deed can be challenged by all the residual legal heirs of GF. Hence the Bank was insisting on the Confirmation Deed.
3. To safeguard your financial interests, legally a confirmation deed, must also be executed by the Sisters, to avoid any claims anytime in future, by sisters and their legal heirs.
Sisters can file suit to claim share in property
2) file suit to set aside sale deed
3) deed of confirmation should be signed by sisters also
Yes. Obtain signatures of all the 6 Sisters on the registered Confirmation Deed. By getting this done in your favour, the title of the property you bought from one of their siblings becomes free from litigation and you are going to become Absolute Owner of the property.
- A Partition deed is a family settlement between family members , and hence its registeration is not mandatory as per law, until any of the party to partition is willing to sale the property.
- Since you have purchased the said land from RK , who is also a party of the unregistered partition deed , hence confirmation deed is required by all 5 brothers .
- Confirmation deed was not required , if the said partition deed was registered .
- Yes, you sister can claim her equal share in the property as per law. Hence you need to get sisters confirmation deed as well.
Yes it will be better to include sisters in the confirmation deed to avoid future litigation
The unregistered partition deed is not legally valid document to establish title of the seller.
Since the original owner is reported to have died intestate, there should have been a registered partition deed among all the siblings, if not at least the daughters of the deceased should have executed a registered release deed relinquishing their rights in the property in favor of their male siblings.
Thus, at least at this stage they may have to execute a registered ratification deed towards the partition agreement made by their male counterparts and the other male shareholders may execute a registered confirmation deed since the partition deed which they rely upon is by an unregistered document and the government records namely the mutation records or any other document including patta are not considered as legally valid title documents.
Sisters also have equal right. Land will distribute by 1/11th share each.
Unregistered partition is not valid and illegal for not including sisters. RK has 9.09 acres around share. Only dispute can come in your purchase land is . 90 acres. which will settle easily.
Configuration deed is chain of documents, essential document to deliver you. Ask them for notorise copy. Forget sisters now.
As per the amendment of hindu succession act 1956 dated 09.09.2005 since the date even daughters are entitled for the right of their father property and they can claim the right and when the act amended your grandfather was alive so it has strong stand for daughters to claim their rights and it may lead into litigation and now may file for partition suit.
It mandatory to have confirmation deed signed by all the daughters which will safe guard you from the litigation process!!
No there will be no issues regarding sisters of the seller as its been more than 10 years for registration of partition deed(confirmation deed)
No need to get confirmation deed from sisters.
yes, sister should execute confirnation deed .
she can claim share in property.
