2001 registration is not required as it doesn’t create new Rights. Mother can directly execute registered gift deed 

It is advisable to register the decree as it records exchange of properties 

2) after registration of decree mother can gift her one fourth share to you 

1. First of all there was no necessity to approach court for swapping of property between son and father, they could have done that by executing a registered exchange deed exchange the properties  by paying appropriate stamp duty as applicable. Sine the principal partition decree was duly registered then it may become pertinent to get the admission decree also registered owing to its nature. 

2. Since your mother is entitled to a share out of your deceased mother's share in the property she can transfer her rights and interests in yor favor by executing a registered release deed or a registerd gift deed an for this purpose the registration of admission decree may not be mandatory, however it would be better that the same is registered before she transfers her share in the property to you. 

1. Is registration of the 2001 Admission Decree compulsory?

Yes, technically it should be registered if it affects immovable property and changes ownership/possession — even if it's just a rearrangement. Unregistered court decree affecting title isn’t admissible for registration of further deeds (like gift/sale).

2. Can your mother register a Gift Deed without registering the 2001 decree?

No, not advisable. Even though local advocates say it’s fine, sub-registrars may refuse to accept the Gift Deed later if the underlying title (via 2001 decree) isn’t registered.

 Recommended Action:

First, get the 2001 Admission Decree registered at the sub-registrar office (you may need a certified copy and court letter if it's old). After that, your mother can safely execute and register the Gift Deed.

 What i understood from your query is as follow:

In 1998, the court passed a Final Partition Decree that allotted separate properties to you and your father. You both registered the decree, and each of you became the absolute owner of your respective shares.

In 2001, you and your father mutually agreed to exchange some of those properties. The court passed an Admission Decree to record this rearrangement. This decree only documented an internal swap of already owned properties. It did not create or extinguish any new rights. You did not register this 2001 decree.

Your father has since passed away. Your mother, as his legal heir, inherited his share in the swapped property. She now intends to gift her 1/4th inherited share in that property to you.

The local Sub-Registrar and advocates advised that she can register the Gift Deed based on existing documents, even though the 2001 decree remains unregistered.

Question as asked by you:

1. Does the law require you to register the 2001 Admission Decree?

No, you do not need to register the 2001 decree because it did not create any new rights.

Legal Position:

• Section 17(2)(vi) of the Registration Act, 1908 exempts decrees from registration when they do not create or extinguish any right in immovable property.
• Since the 1998 decree had already vested ownership, and the 2001 decree only rearranged those rights, it does not fall under the category of compulsorily registrable instruments.

You and your father already held valid title under the registered 1998 decree. The 2001 decree merely rearranged the properties, which you both consented to and acknowledged in court.

1. Can your mother register a Gift Deed for her 1/4th share in the swapped property without registering the 2001 decree?

Yes, your mother can register the Gift Deed without first registering the 2001 decree.

She inherited your father’s share in the property under succession laws, and she holds a lawful right to dispose of that share. Since the 2001 decree merely recorded a mutual rearrangement, and both parties acted upon it, your mother acquired title by inheritance, not by virtue of the 2001 decree alone.

As long as you:

• Attach a certified copy of the 2001 Admission Decree,
• Provide a copy of the 1998 registered Final Decree,
• Enclose succession documents (death certificate, legal heir certificate, etc.),

the Sub-Registrar can proceed to register the Gift Deed in your name.

III. RECOMMENDED ACTIONS

1. Draft the Gift Deed clearly stating:

   • The 1998 partition and registration.
   • The 2001 mutual rearrangement.
   • The inheritance of your father’s share by your mother.
   • Her decision to gift her 1/4th share in the property to you.

2. Annex the following documents:

   • Certified copy of the 1998 Partition Decree (registered),
   • Certified copy of the 2001 Admission Decree,
   • Your father’s death certificate,
   • Legal heir certificate or affidavit,
   • Mutation records, tax receipts, or khatha showing inheritance (if applicable).

3. Mention the chain of title in the recital clause of the Gift Deed

ADVISE AS I CONSIDER:

• You do not need to register the 2001 decree because it did not create new rights.
• Your mother can execute and register the Gift Deed for her inherited 1/4th share in the swapped property without first registering the 2001 decree.
• You should include the entire title history in the Gift Deed and attach supporting documents to facilitate registration.

In case you need my assistance in the matter I can be contacted on 

There are multiple questions asked on this subject matter 

It appears that the youngest daughter had filed a declaratory suit and not a partition suit, for a declaration that she is the absolute owner of Property A and that her father (defendant) is owner of property B

The court passed a decree in terms of the declaration sought by the Plaintiff in her plaint 

This decree (which cannot be called a partition decree but a declaratory decree) was duly registered 

Subsequently the parties by mutual consent swapped or exchanged their respective properties which were granted to them vide the above declaratory decree and thus another decree came to be passed by consent decreeing that Plaintiff is entitled to Property B and Defendant is entitled to Property A

The aforesaid amounts to an exchange which is one of the modes of transfer of an immovable property and requires mandatory registration 

Because property A was declared to be the property of the Plaintiff daughter which she then exchanged with her father in lieu of property B

So NEW rights were indeed created in favour of the Plaintiff daughter as regards the Property B (which earlier was declared to be the property of her father) and likewise new rights were created in favour of the defendant father in respect of property A (which earlier was declared as property of the Plaintiff daughter )

Thus the subsequent consent decree (which cannot he called an admission decree) was required to be registered 

It appears from a previous query that the mother has already registered the gift deed in respect of her share in property A which went to her late husband 

As the consent decree is not registered,  the late father's title to property A had not been perfected. Upon his demise thus it cannot be said that property A devolved on the legal heirs of late father since he cannot be called the owner of property A for want of registration of the subsequent consent decree 

So if the father himself didn't have any title in respect of property A, no rights therein can be said to have devolved on his legal heirs 

Thus the mother had no title over the 1/4th share in property A and hence she could not transfer any better title to the donee named in the gift deed 

However lack of title of the donor mother would not prevent registration of the gift deed since the sub registrar has no power whatsoever under the registration act to go into the question of title of the donor party who has appeared before him. The role of the sub registrar is merely to ascertain that the executants of the document presented before him for registration have admitted their respective signatures/execution and that proper stamp duty is paid on the instrument 

Thus there is no impediment for registering the gift deed, however mere registration of gift deed is not sufficient to establish title. In this case the donor mother herself didn't have any title qua the 1/4th share in property A (since the consent decree was not registered) and thus no title has passed onto the donee daughter 

The title as regards property A still resides in the youngest daughter until and unless the consent decree is registered 

However I'm afraid that now the consent decree cannot even be registered since the statutory time limit for presenting the document for registration (which is 4+4 months from the date of signing of the consent decree) would have lapsed /expired 

1. No compulsory

2. Yes, she can registered the gift deed directly. 

Madam,

It is suggested that no re-registration of 2001 admission decree is required, however, the correct description to be given in the gift deed. Your mother can directly register the said gift deed. 

Dear Client,

• Whether registration of the admission decree compulsory, considering how the new rights were not created during the exchange of properties?

Though the rearrangement of properties with the father did create any new rights with respect to the properties, such rearrangement classifies as a transaction involving the transfer of ownership rights. This calls for mandatory registration of the admission decree issued by the court.

Legal principle: Section 17 (1)(b) and (c) of the Registration Act, 1908 mandates the registration of such documents. As per section 17 (1)(b), “non-testamentary instruments which purport or operate to create, declare, assign, limit or extinguish any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property, shall be registered.”

The provision allows for non-registration of decrees only for decrees or orders not involving the creation or declaration of rights in immovable property.

• Can my mother directly register a Gift Deed for her 1/4th share in the swapped property (which she got by inheritance after my father’s death) without registering the 2001 Admission Decree?

This is not advisable since the mother’s title over the property arises from the decree that was issued by the court in 2001. Since this decree stands unregistered, her title with regards to the property is not perfect. If this unregistered title is transferred by a gift deed, it can be challenged in the future on the grounds of improper title.  

I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.

You are welcome for your appreciations, you may proceed as guided properly.

Ok

Thanks for  your  appreciation 

Yes, registration of the 2001 Admission Decree was necessary since it altered property rights. You did the correct thing by registering the decree before executing the Gift Deed. Now, your mother's Gift Deed is legally valid and enforceable.