• Partition deed legal implications

Hello everyone , I need a legal advice for the below situation

My mother owns a house of 260 Sq Yards which was purchased in 1986. This is not registered in the registrar office but all the utility bills like water bill electric bill and property tax bills are on her name.
What will be the legal implications if she decides to partition the house with legal partition deed among 4 childrens(Son's). There are total 5 sons and 2 daughters to my mother , will this cause any legal hurdles if other children raise an objection to her decision.
Asked 5 months ago in Property Law from Hyderabad, Telangana
Religion: Muslim
1) in order to confer clear and marketable to property it is necessary that sale deed for purchase of house should be registered 

2)registration can be done within 4 months time . with penalty another 4 months 

3)contact the seller and ask seller to execute deed of confirmation in your mother favour . have it duly stamped and regd 

4) your mother as absolute owner of property can execute gift deed in favour of sons only if she so pleases 
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
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I am not sure how did she become owner of this house as without a proper registered deed of sale the transfer of proeprty in her name has not become complete.
However considering that the seller of the house in her favour is no more to raise objection then your mother can make Family Deed of Settlement to divide the proeprty in such shares as she wants.
She can also execute a Will giving the proeprty in shares to her children in a manner she wants. Such Will though come into effect only on her death.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
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Hi
Your mother has all right to divide and make a partition deed which can in  any proportion and to any one or few or all of her children.
Noone can make objection .
It means she is the legally rightful owner/holder of the property and while she is alive she can disperse/divide it any manner as she wishes . nobody has any right to object and she doesn't need NOC or consent of her children.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
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1) your mother should contact seller legal heirs and request them to execute deed of confirmation so that mother has clear and marketable title to the property

2) if necessary pay some money to legal heirs . deed of confirmation should be stamped and regd 

3)mother cannot register sale deed unilaterally in her name after lapse of 30 years

4) however since your mother is in possession of land for 30 years she can claim adverse possession as defence 

5)sub registrar will not register deed of partition as your mother name is no where reflected in the records as the owner of land
Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
5.0 on 5.0
My mother owns a house of 260 Sq Yards which was purchased in 1986. This is not registered in the registrar office but all the utility bills like water bill electric bill and property tax bills are on her name.
What will be the legal implications if she decides to partition the house with legal partition deed among 4 childrens(Son's). There are total 5 sons and 2 daughters to my mother , will this cause any legal hurdles if other children raise an objection to her decision.

The legal concept is that a person owning a property absolutely or having a marketable title on the property with proper title documents on that person's name alone is legally eligible to transfer the property to another person as per law.  
The transfer or alienation of the property can be done by executing a registered sale deed, or gift deed or settlement deed or partition deed or by writing a Will.   
Your mother is not having the property tite document of the occupied property and the tax receipts or any other identity proofs cannot be considered as title documents.
Hence whatever partition she may do now may not be valid in the eyes of law, if the government occupied land is demolished by the government on the basis of unauthorised occupation, no law will come to your rescue.
However fr your information, the property belonging to your mother can be distributed by her in any manner an to anyone of her choice during hr lifetime except by Will, because she cannot bequeath the entire property by a will. as per Muslim personal law.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
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1. The sale was executed  more that 30 yrs ago on four 5 Rs stamp paper's in the presence of 3 witnesses. 

The unregistered sale deed is not a valid title document.




2. The witnesses and Seller who took part in transaction are NOT ALIVE and we dont know the wherebouts of seller's family.

First send a notice to the seller to his last known address by registered post asking the seller to execute a registered sale deed in your mother's favor.  Let the notice return undelivered with remarks no such addressee or addressee left etc., then you may issue the same notice through a newspaper publication in a local newspaper, secure this evidence.


3. Is it Possible for my mother to get the house registered with the sale deed in registrar office on her name ? if yes then what will be the procedure ?

your mother can file a suit for declaration of her title on the basis of the evidences so created as suggested above and then get the property registered through court itself. 






4. if she cannot register on her name , Is it possible for any of the son to raise objection to her decision of partition as some of the children are demanding certain portion of the house? Or is it possible for any of the children to challenge the ownership of the house ? 

First she has to acquire the property legally and then she can decide abut distributing the same to her children or to anyone of her choice as per her desire, nobody can legally dispute her decision to disburse the property as per her desire.




5. If she decide's to execute the registered partition deed on the name of 4 children out of 7 in registrar office, will that settle the matter permanently in all legal aspects ?

Read the above answers which will clarify this question too.
T Kalaiselvan
Advocate, Vellore
14151 Answers
127 Consultations
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1. On one hand you said that the house is not registered in the office of sub-registrar whereas in your follow up you speak about a sale deed being executed.

2. The title of your mother is clear only if the sale deed is executed in her favour. Electricity, phone and water bills and house tax receipts do not vest title in a person. 

3. If the title of your mother is not clear then she cannot pass a better title to anyone including her children.

4. Tell your mother to trace out the seller or his heirs to execute a sale deed in her favour.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
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