• Is unregistered partition deed made in 1949 is valid

My grandfather purchased a land in 1942. He gave it on rent to Burmah shell in 1955 for period of 30 yrs. He died in 1964. After his death, this property came in the name of my grandmother. But she died in 1966 & my uncle became the owner of this property as a Karta of HUF. In September 2004, by a registered partition deed, we have made three divisions of this property in the name 3 sons of my grandfather ( My father & 2 uncles). In 2005 we unitedly file a suit against BPCL ( previously Burmah shell) for vacating said land. We won this suit in Taluka, District & High court. On 31/3/2022 BPCL vacated the said land & we received possession of said land. 
Now my grandfather’s brother’s ( who died in 1971) grandchildren have served us notice saying they have partition deed, in which it is mentioned that they have 50 % share in this land & this deed was made on 29/10/1949 which is unregistered & without any stamp. 
My question is that after 74 year time period, is it valid document ? All records are in the name of my father & uncles. How should we go further ?
Asked 16 days ago in Property Law
Religion: Hindu

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9 Answers

Yes it's valid but you can aksi register it now

Prashant Nayak
Advocate, Mumbai
26998 Answers
83 Consultations

4.4 on 5.0

Un registered partition deed is in admissible in evidence 

 

2) further no stamp duty has been paid .

 

3) deny that they have any share in land as no legal proceedings have been taken for 70 years 

Ajay Sethi
Advocate, Mumbai
87595 Answers
6133 Consultations

5.0 on 5.0

No after that partition deed is not valid because it's unregistered and secondly it's 74 years old. Ask them to get order from court. 

When they will file case in court. The court will deny itself say can't stand case on limitations act ground where they don't have proper evidence and lost the time frame more than 30 years.

Ganesh Kadam
Advocate, Pune
12329 Answers
189 Consultations

4.9 on 5.0

This appears to be a false and vexatious claim made by the other side.

You don't have to worry because firstly the unregistered partition deed is not legally valid.

Secondly, since there was no claim made by the so called shareholders anytime during their lifetime, it can be construed that there was no such arrangement among the alleged shareholders.

Now it is almost more than seven decades that they are claiming a share based on some non maintainable or fabricated documents. therefore you can challenge the same properly and get it dismissed.

 

T Kalaiselvan
Advocate, Vellore
77748 Answers
1509 Consultations

5.0 on 5.0

Any unregistered partition deed of immovable property is not valid and admissible in evidence in Court as such. But such document can be impounded by Court and sent to  Collector who will seek payment of applicable stamp duty and imposing penalty of  ten times the stamp duty can regularize the document, after that it will be admissible in Court under Section 40 of Stamps Act. In your case subsequent partition in 2004 may nullify the previous partition deed.

Ravi Shinde
Advocate, Hyderabad
2490 Answers
41 Consultations

5.0 on 5.0

Unregistered and unstamped Partition Deed has no legal validity and it doesn't confer any right, title and interest over the property in question. Hence your grandfather's brother's grandchildren will not have any right based on the unregistered Partition Deed and a counter reply to their notice may be given on the above lines.

Shashidhar S. Sastry
Advocate, Bangalore
4142 Answers
258 Consultations

5.0 on 5.0

Dear Client,

even if they start proceedings, it will be difficult for them to get the order in their favour. you also mentioned that the deed is with out registration and without stamp. so more chances are there for you to win the case. 

Anik Miu
Advocate, Bangalore
4635 Answers
50 Consultations

4.9 on 5.0

- As per law , an unregistered partition deed is not valid and is not admissible in evidence .

- Further, the limitation period for filing a suit for validating the unregistered partition deed is 12 years , and further an unregistered documents cannot be accepted for the same. 

- Hence, you can reply the said notice after mentioning that he has no share in the property by way of any documents , and he has not right to claim after passing this long period,  even if he was having a registered deed with him. 

Mohammed Shahzad
Advocate, Delhi
9707 Answers
116 Consultations

5.0 on 5.0

1. Unregistered title deeds are not valid.

 

2. The case is vary much in your favour since the possession of the property was in the custody of yourself or your  tenant.

Krishna Kishore Ganguly
Advocate, Kolkata
26517 Answers
726 Consultations

5.0 on 5.0

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