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What is the Validity of Partition deed on white papers
31-Aug-2023 (In Property Law)
Greetings!! My father and his brothers wrote a partition deed on white papers not registered. Based on the deed my father gifted his share of property to me. Can the sons/daughters of my fathers brothers challenge on this gifted property to me?
Partition deed on white paper is not valid. Partition deed is the the sharing of proprty between family members and there is transfer of property between the family members. Any immoveable property whose value is more than Rs.100 has to be registered. Un registered partition deed is not admissible in evidence.
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Adv. Ranjit Singh Thakur
Hyderabad | 25+ Answers
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How long does a partition last?
The partition suits vary from case to case. The suit can be concluded at any time. On average, the process of property division takes 2 to 3 years.
What is the limitation period for partition deeds?
According to the Limitation Law, if a plaintiff files a partition suit, the limit is 12 years after the date the plaintiff claimed the property.
What is the legal validity of unregistered partition deed?
The registered instrument will overrule the unregistered deed. The partition is legal, and since it was not registered in court, you cannot challenge it.
Can a registered partition deed be Cancelled?
You cannot cancel a partition deed unilaterally. To do so, you need the consent of both parties. This seems impossible. What can you do? You could challenge the partition deed before a court stating it was fraudulent. Then you might have some success.
A partition deed needs to be registered at the sub-registrar in the area where the immovable property is located. Section 17 of Indian Registration Act, 1908 makes this mandatory.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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R Narayana Rao
20 years back partition of land in a white paper can be registered now without concerned of all members
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