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Indian Law/Partition deed

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Question
Sir,

This is with respect to partition deed which was executed in 1992 with respect to some portion of the property which my father inherited through his mother and was categorised as "self-owned" as per the family tree. My father was the only son and he has a sister.  The property came to him from his mother who in turn had got her share from her mother.  The partition deed which was executed in 1992 was amongst all of us comprising my father,mother, brothers (2 of us, me being elder) and sisters (2 of them). This deed was pledged against a bank loan and was not done with primarily intention of actually dividing any property but for some tax purpose, nevertheless it constitutes partition deed as all the parties (father, mother, brothers and sisters) have signed the same & it was registered as well. My father passed away in 2011. When he was alive, all of us(father, mother brothers and sisters) had a discussion on division of property. But somehow it did materilise into any action because of indifferences between brothers/sisters/mother and finally father also did not take active interest in closing it amicably. So this discussion was left open ended.  At that time, none of us, or atleast i was not aware of any partition deed that existed.  Though i had signed 1992 partition deed, i was quite young,  around 20 years and did not even know the purpose of such a deed, and maybe i signed it because i was asked to do so for saving tax, therefore i did not remember this at all.  So i was not consciously aware of it until i got a copy of all the docs from the bank where there is a crop loan and this deed was one of the docs which was pledged with the bank.  I am not sure if others (mother, brother, sisters) are aware.  We have also got into major differences now with my mother siding ways with my sisters and saying they would go for 1/5th share, though this was not the way it was discussed when my father was alive, at that time, no one had any major issues.  My mother got all the property transfers to her name as a natural transition after my father's death.  The "RTCs" are now in her name, we know that all of us have equal rights as per law. But we have come to a situation where sisters are not ready to come forward for a mutual understanding or going by what was agreed when my father was there.  They are married and well settled with good share from their husband's family property.  The 1992 deed talks about partition of 2 major properties - one a coffee estate which has been divided between me and my brother and the other is also a coffee estate (with low yield) which has been shared by my father and mother.  We also have other properties such as some wet land/dry land/house/land around house which are not part of this deed.  This deed mentions that sisters have been married as per their satisfaction and given all that they wanted and hence will not claim any share in any of the family property.  This deed has been sigend by all of us and registered.  

My query is what is the legal binding in our situation.  Do sisters still have a claim?  what happens to that portion of the property which is shared between my father and mother, will father's share go to mother fully or will it be 1/5 or between brothers and mother.  Sir, please guide so that i can initiate action appropriately as per law.

Regards,
PB

Answer
If a valid partition deed was executed and registered,then the ownership of the property will be determined as per the said partition-deed.Moreover, since it was mortgaged till repayment of the loan,no transfer of interest in the said property could be made.Normally. prior to sanctioning the loan,the bank get the title-deed of the property proposed to be mortgaged through a lawyer.So apparently, it seems it was a validly executed partition-deed.
Subject to settlement of the loan,your mother can transfer her interest to anybody of her choice including your sisters.
In case , the partition deed was not registered, it will remain unenceforceable.In that case , after the death of your father , if he died intestate, it will devolve upon his legal heirs comprising your mother and her children including your sisters equally.However, for the said purpose,one of the beneficiaries will have to apply to the court for a Succession Certificate.
Further,if you have executed any Family Settlement Deed, it will remain valid subject to its registration.
In view of the above,please consult a lawyer for appropriate actions.

Indian Law

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Arun Kumar Maitra

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Contract Law,Companies Act,Sale of Goods Act,Partnership Act,Negotiable Instument Acts,Constitution of India,Arbitration Act,Consumer Protection Act,Maternity Act,Payment of Gratuity Act,Payment of Bonus Act,Shops & Establishment Act etc.The answer to the grievance of the particular online query depends on the facts of the particular case and law applicable to it.However,my comments relating to the various queries raised through the "All Experts" should not be treated as legal advices and should not at all be relied upon.I do not accept any responsibility for them.They will only give you some ideas about the probable merits of your cases.Ultimate actions/decisions in the matter may please be taken in consultation with the Legal Experts in the relevant fields.My purpose of giving the comments is to increase my own knowledge on the subjects and share it with others.It is purely of academic interest to me. I strongly feel the more knowledge we share,the more we shall be able to learn because there is neither any age nor any end to learning.

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I have experience of dealing with matters relating to holdings of board/general meetings,maintenance of statutory registers,filing of necessary returns with the RoC,obtaining licenses for import,replies to Parliament Questions,dealing with the Parliamentary Committees,appearing before various courts to defend my employers,filing affidavits/counter -affidavits,preparing written statements/re-joinder,giving advice to management on complicated legal issues,preparation,drafting and vetting of contracts etc. I have more than 35 years of experiences to deal with the Company Law and Other Commercial Laws of leading Organisations in the country both in Public as well as Private Sectors.

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Member,Inst. of Chartered Accountants of India Member,Inst. of Company Secretaries of India; Member,Bar Council of India Member,All India Management Association Member,Delhi Management Association Ex. Vice-Chairman,Durgapore Chapter of the I.C.A.I. Expert ,CA Club India Expert ,Lawyers Club India Expert,AllExperts Ex. Faculty ,I.C.S.I as well as I.C.W.A of India Retd. Co. Secy. & G.M.(Law)/NFL(A Mini-Ratna A Schedule Central P.S.U.),New Delhi Ex.V.P.(Secretarial Dept.),Jaiprakash Associates Ltd. Ex. Co. Secy.,MAMC(A Govt. of India Enterprise),Durgapore

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M.Com;LL.B;A.C.A;A.C.S.

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Obtained ''A'' Grade Certificate in the Parliamentary Procedure from the Secy. General of Parliament in 1994-95.It was in connection with a training course conducted by the BPE for PSU Executives.

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I am presently working as a Company Secretary in Old World Hospitality Pvt. Ltd.located in Delhi.It is engaged in Hospitality Industry.It has Units in India and abroad.It has been given the responsibility to look after operation & Management of ''India Habetat Centre'' located at Lodhi Road,New Delhi.

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