patta and registration in both name
13-Nov-2023 (In Property Law)
Dear sir
Patta and registration in both name
We have a house as per registration deed as per 658/1973 in my mother and my father’s sister name (aunty) both have equal rights on the flat as per registered. My father’s sister (aunty) passed away in 1987. My uncle also passed same year. My aunty has four sons. We purchased from aunty’ s partition from her sons to my mother name as unregistered deed in 2004, now my mother want to donate her full property to her children. The registrar is refused to do the registration procedure. He informed us to register first for the unregistered partition. My auntie’s sons are not in location and also there is no relationship as of now. There are not going to come for registration purpose on our wish.
We divided total house as 12 parts, six parts owned by mother, another six part owned to my aunty. My aunty’ s made 1.1/4 * 4 = 5 part to her sons and 1 part to her mother as per Muslim Law. Once my grandma died in 2002 my grand ma 1 part was transfer
The unregistered deed of partition is no doubt not admissible to prove the terms of the partition but it can be referred to under S. 49, Registration Act for the purpose of...upon to prove separate possession and separate dealings and enjoyment of the properties. The non-registration of the partition deed Ex.
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