• Validity of unregistered partition deed and indemnity deed

An agricultural land of father is partitioned among 5 children in 1989 and signed by all the sons, where document is not registered but notarized. Land mutation is completed on all induvial son's name as per the partition deed. Children of Son-5 after his death has partitioned his land among three children (G-1,G-2,G-3) and this is activity is registered and signed by all three including mother. G-3 sold his land to a developer (D-1) and same been signed by G-3, his wife and daughter. D-1 converted the land to residential layout. Will there be any issue because of unregistered partition deed happened in 1989 ? Developer acquired an indemnity bond from all the heirs as per family tree provided by gram panchayat, but this document is franked and not registered ? Does franked document (Indemnity deed) have any legal acceptance ? Will any of heirs can claim the residential layout now ? Does land mutation document holds any legal purview that, only Son-5 and his son has all the rights on the land ? Land is located in Bangalore Rural.
Asked 1 month ago in Property Law
Religion: Hindu

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14 Answers

Mutation document only have legal value for entry of name but not ownership. 

 

Prashant Nayak
Advocate, Mumbai
24936 Answers
58 Consultations

4.4 on 5.0

1. Unregistered partition deed document will not have any legal value, especially in view of Amendment to the Hindu Succession Act, 1956 in 2005 and subsequent judgements,  where daughters are also treated as Coparceners on par with sons. 

2.  Whether at the time of unregistered partition deed in the year 1989, only sons signed the document and daughters were excluded?.

3.   Since stamp duty to the State Government has been paid through franking for the Indemnity Bond, it will be considered as legally valid.

4.   If the daughters/minor child, if any,  were not included in the unregistered partition deed in 1989, he/she/they may stake claim for the individual share.

5.  Mutation of the property in itself can't be the title of the land.

6.   It's adviced to get the property papers evaluated by any Lawyer and obtain correct legal opinion before proceeding further.

Shashidhar S. Sastry
Advocate, Bangalore
3875 Answers
234 Consultations

5.0 on 5.0

Partition deed is required to be stamped and registered to be admissible in evidence 

 

2) un registered deed is admissible in evidence only for collateral purposes 

 

3) indemnity bond does not require registration 

 

4) mutation of land does not confer title to property. It is only for payment of property taxes 

Ajay Sethi
Advocate, Mumbai
84937 Answers
5618 Consultations

5.0 on 5.0

A Karnataka a memorandum of partition  known as Palupatti is valid partition document if attested by Panchayatdars if such palupatti is acted upon. In your case as mutation of property affected on the basis of palupatti it is valid partition  and the same cannot be questioned.

Ravi Shinde
Advocate, Hyderabad
1590 Answers
19 Consultations

5.0 on 5.0

An unregistered partition deed shall not be admitted in evidence. However, as the partition took place more than 30 years ago and subsequently the five brothers have been in possession and enjoyment of their respective shares, there will not be anything to dispute the title and ownership of their respective shares now. You say there was a proper subsequent partition of Son-5's share among his three children, after his death. Hope the wife on Son-5 relinquished her undivided share in favour of her three children. The developer purchased G-3's share. If the wife of Son-5 had released her undivided share, there will not be any legal issues.

Swaminathan Neelakantan
Advocate, Coimbatore
1296 Answers
17 Consultations

4.9 on 5.0

Even though the partition deed was not executed by a registered deed, there is no dispute about the partition among the shareholders so far, therefore there should not be any problem with the unregistered partition deed among the shareholders.

Thus on the basis of the unregistered partition deed, the share of one of the sons who is reported to have died, was shared  or partitioned among his own legal heirs by a registered deed, subsequently one of the shareholders had converted his share of property from agricultural to NA.

Thus it is evident from such activities that the property is genuinely transferred and there is no dispute from anyone so far, besides the developer has already obtained an indemnity bond as well as from the other legal heirs, hence  if all other things are okay and a local lawyer is recommending the purchase you may go ahead with the purchase of the property ignoring the observations made by you now. 

T Kalaiselvan
Advocate, Vellore
75051 Answers
1263 Consultations

5.0 on 5.0

Dear Sir,

Even unregistered documents are considered in the Court as supporting evidence and they may be regularised on payment of prescribed penalty.

Kishan Dutt Kalaskar
Advocate, Bangalore
6017 Answers
331 Consultations

4.8 on 5.0

If it is ancestral property grand children name should have been mentioned in partition deed 

 

2)legal heirs can execute deed of confirmation it should be duly stamped and registered 

Ajay Sethi
Advocate, Mumbai
84937 Answers
5618 Consultations

5.0 on 5.0

2.  If the property which was partitioned among the sons was father's property then there's no necessity to include the grandchildren in the said partition deed. 

3. Since the partition has been accepted by all the shareholders and they have taken possession and have been enjoying the property with own rights,  the unregistered partition cannot be challenged by outsiders for any reason because the outsiders don't have have any rights or interest in the property. 

4. There's no legal infirmity in it.

5. There was no necessity to obtain indemnity bond from others outside the family or legal heirs of deceased 5th son.

However since they have obtained it, you have nothing to point out about the illegality of unnecessary document.

6. The above answer suits this question too. 

7. There is no necessity to regularize the unregistered partition deed.

You may discuss your problem. 

 

T Kalaiselvan
Advocate, Vellore
75051 Answers
1263 Consultations

5.0 on 5.0

- As per Supreme Court, Document executed between Family Members as merely a memorandum of settlement does not require registration

- Hence the said unregistered family partition deed is a valid document , if it was prepared and signed by all the legal heirs. 

- Further, Mutation of the property is not a title deed , and in the absence of proper title deed it not have much value in the eye of law , except it is a proof of payment of taxes. 

- Further, an indemnity bound signed by all the legal heirs are a valid document and it cannot be reject by the builder on any ground. 

Mohammed Shahzad
Advocate, Delhi
8498 Answers
92 Consultations

5.0 on 5.0

It's better register the said agreement

Prashant Nayak
Advocate, Mumbai
24936 Answers
58 Consultations

4.4 on 5.0

The grandchildren claim their respective shares through their respective parents. The omission does not make the partition invalid.

Please produce all the relevant documents to a local lawyer and get his opinion, as is not proper to render you advice without perusing them.

Swaminathan Neelakantan
Advocate, Coimbatore
1296 Answers
17 Consultations

4.9 on 5.0

1. Unregistered partition deed does not legally convey any title of the property so partitioned.

 

2. However, the said partition deed can be used as evidence about the agreed partition of the land in case any legal heirs refuses to accept the partition now nd approached the Court.

Krishna Kishore Ganguly
Advocate, Kolkata
26191 Answers
726 Consultations

5.0 on 5.0

1. If all the brothers are alive, a deed confirming the unregistered/notarised partition deed executed earlier can be registered to solve the irregularity.

 

2. The grandsons have no role to play if the sons are alive now.

 

3. If any of the sons have died, intestate, his legal heirs can step in to his shoes to register the above confirmation deed as suggested above.

Krishna Kishore Ganguly
Advocate, Kolkata
26191 Answers
726 Consultations

5.0 on 5.0

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