Hi adding further to the above query, I have now got hold of a partition deed dated year 1888 between by great grandfathers wherein it clearly states that a portion of land and house therein is allocated to my great grandfather. This deed was obtained by me from the land records office in my taluka. Can this be considered a valid document? to obtain my share in the property as I am the only legal heir in my branch of the family tree.
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1. Any document of the aged of 30 years old and more is presumed to be admissible document in court. So this document is also to be considered.
2. If you have filed any suit for partition or is likely to file such suit then do rely upon it to claim your due share.
3. If you have obtained the certified copy of it then it is admissible in evidence.
1)i presume you have obtained certified copy of partition deed from land record office .
2) partition deed would be admissible in evidence
3 ) you can file suit for partition to claim your share in property on basis of the partition deed wherein land was allocated to your great grand father
1. Partition deed, if executed in accordance with the law, is a document which creates and extinguishes proprietary rights. It can be used as evidence in a court of law.
2. On the basis of the partition deed, you can file a lawsuit for partition to cull out your share in the property. If you are the only lineal ascendant of the original owner then you will succeed to the entire property.
3. A certified copy shall suffice.
Check whether the portion of land and house is allocated to great grandfather come in your disputed portion. If comes you can claim your due share.
1. Yes, it will be treated as a valid document about the fact that the property was partitioned as mentioned in the said partition deed,
2. Based on the said copy of the partition deed, you can claim your right, title and interest on the said property partitioned in favour of yoyr grandfather, being his only legal heir.
A. Any documents more than 30 years old can be presumed valid documents in the eyes of law and it can be used as evidence to establish your right,claim, interest over the property before the court.
B. If you obtained the same from the taluk office as a certified copy can be deemed sufficiently document within the purview of the Indian evidence act.
if property has been subject to inheritance for some generations then it shall be presumed by the court that it is ancestral property. if you are the only legal heir and your father is died intestate then it will be devolve on you without placing any evidence. if there is any dispute regarding title and ownership of your father then you need to prove. but partition deed of 1888 is not admissible if after this deed and any other partition was made by your ancestors. if later or recent partition or gift deed is produce before the court then 1888 deed has no probative value.
