whether partition done on non judicial stamp paper valid

627 votes

As per law, the partition deed is compulsory registerable failing which it cannot be considered in evidence by court. If it is in the shape of settlement deed than it can be taken in evidence. Even if the partition is on non-judicial, proper stamp duty has to be paid. Until than, trespass is not maintainable against him,

Advocate Naveen Kumar Ahir LawRato

612 votes

partition on non judicial stamp paper without Registration and without having paid sufficient stamp duty is not enforceable in the eye of law. Even though defect of non payment of stamp duty is curable. the defect of non Registration is not curable . Thus you cannot claim rights / share under unregistered Partition Deed.

Advocate M Shivashekar LawRato

870 votes

as per section 18 of the registration act the deed of partition need to be registered and if the partition deed is not registered the document is not valid so he can try to encroach but you can seek injunction upon the usage value of the land

Advocate Innamuri Balasubramanyam LawRato