Mutation document only have legal value for entry of name but not ownership.
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 2 years ago in Property Law
Religion: Hindu
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14 Answers
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.
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
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.
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.
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.
Dear Sir,
Even unregistered documents are considered in the Court as supporting evidence and they may be regularised on payment of prescribed penalty.
Firstly, thanks for all the valuable comments. Few clarifications & questions. 1. As per the family tree provided by Panchayat in 2012, Father has only five sons and no daughters. 2. During the partition deed (1989), all the sons are aged between 40-60 and there is no mention of grand children in the partition deed. Is there any issue with this (not including grand children in partition deed)? 3. I am not sure if this partition deed is palupatti, all it has is “Drafted by Lawyer name, signature and Lawyer’s stamp in last page, followed by few witnesses” 4. In the indemnity deed (unregistered but franked, details about above partition deed was mentioned as “ ………..affected a partition of their joint family properties including the Schedule A and Schedule B properties before the panchayathadars on April 20, 1989 and recorded the same under a Memorandum of Recollection of prior partition dated April 30, 1989………..” 5. While selling the land to developer by Son of Son-5, indemnity bond is signed by all the heirs (Sons and grandchildren), except one daughter of Son-2 (Granddaughter) and grand daughter of Son-3 (Great granddaughter), both are majors at the time if indemnity bond. 6. All the sons (Except Son-3) or their children sold some piece of land they got from the partition deed to the same developer. As mentioned above, grand daughter of Son-3 didn’t signed the indemnity bond. 7. How to regularize the unregistered document (Partition deed here), when most of the parties here are dead and only heirs are alive. Most of the heirs signed the indemnity deed, which is franked but not registered. So, do you see any issues with people mentioned in “5” above who didn’t sign the indemnity deed ?
Asked 2 years ago
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
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.
- 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.
It's better register the said agreement
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.
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.
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.