Unregistered documents t is in admissible in evidence
2) it cannot be registered after period of 8 months
3) you can file appeal against HC order in SC
4) only deficit stamp duty with penalty can be paid on said document
Sir My opponent filed an unregistered documents stating already family partition took placed in a partition suit filed on behalf of mother who has to get her 1/9 share from her father and ancestral.the document they filed is only three brothers took share . 6 sisters other legal heir as signed in that document.lower court dismissed but in high court it allowed to get registered by paying stampfees.can I go to supreme court chalenging high court order,may I know the fees for this? if any advocate intrested to file in supreme court kindly give me email id ,i shall upload the order.
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we took certified copy of judgement on 31 january 2024,kindly note this is unregistred document between three brothers by not giving share to 6 females who are there own sisters.
Unregistered documents t is in admissible in evidence
2) it cannot be registered after period of 8 months
3) you can file appeal against HC order in SC
4) only deficit stamp duty with penalty can be paid on said document
The share of the sisters has to be given to them. The registration of the document holds no weight. Kindly share the details of the property and the orders passed by the trial and the high court. I am interested.
It is not clear whether you were party to the suit or not.
If yes then you can file appeal in supreme court.
We do handle cases in Supreme Court.
The advocate and fee of the advocate for taking up your case before high court can be enquired from the advocate you may engage.
I can help you for this issue in Supreme Court
Sir,
If you need any further assistance for the same.You can approach me through Kaanoon or LinkedIn.
https://www.linkedin.com/mwlite/in/prashanth-nayak-5477b138
You can ping me on 09 yu 769 fg 490 ghj 911
Dear Client,
A partition suit is a legal process that divides property among co-owners. In India, the partition of property is governed by the Hindu Succession Act, 1956, and the Indian Partition Act, 1893. Any or all of the co-owners of a property can file a partition suit. The co-owners can be legal heirs also if it is a family property. Anyone having a share in the property which is intended to be partitioned can file the suit. In a recent ruling, the Supreme Court ruled that each interested person is considered a plaintiff in a lawsuit seeking the division of joint property. This implies that no co-sharer may restrict another co-sharer from bringing a partition suit; rather, each co-sharer has the right to start and prosecute one. The Supreme Court is the last court to be approached if the decisions of all lower courts, including the Taluk, District, and High courts, are not to one's satisfaction. As for the fees involved, it can vary, and it's advisable to consult with a legal professional
- As per law, when parties agree on a particular course of action for partitioning the property and the same is thereafter recorded in a deed of partition and in a family settlement such a deed can be recognized even without registration.
- Since, the said partition deed is only in favor of 3 brothers by not giving share to 6 females , it means that the said deed is not recognized by all the family members , and hence this deed is challengeable and not valid.
- Hence, you can approach the Supreme Court against this order of the High Court.
- The fees depends upon the lawyer to whom you engaged .