How To Invalidate A Transaction Based On Unregistered Doc Of 1985 | Vkeel - Free Legal Advice

B

Vijayawada

Mr. A got an extent of 10acres (which was purchased by A's dad with his self earned funds clearly mentioned in purchase deed in name of A's Mother ) A's dad wrote a will stating that the A's mother property after her death to Mr.A in his registered will in 1984.A's mother expired in 1982. Later A's Father in 1985. She wrote a will in the year 1982 to A's Father (She is bed ridden a thumb impression was taken by A's Father) but it was NOT registered anywhere and it was NOT mentioned in the registered will of A's Father in 1984. He simply mentioned the property of A's mother to Mr.A.(Neither the extent nor the sy no. was NOT mentioned ). Later in 1985 all 5 brothers and 1 sister have written UNREGISTERED partition deed. Where Mr.A's land 10acres were divided stating that it is mother's earned property in partition document. In 2011 all daughters (of 1 sister in partion)have registered in sub register office to Mr.A 's wife . Later in 2014 the same extent was mortgaged (yet to be released )

Expert's Answers(3)

MAMTA MISHRA
Cuttack, Orissa

First, there is no total bar for admitting unregistered document if duly stamped, since it can be used for collateral purpose or other purposes specified in Sec 49, though u/s.49 an unregistered document (when compulsory to register) is inadmissible for main purpose to affect any rights in immovable property and the terms and conditions in the instrument. However, unregistered deeds are not admissible as evidence, and the execution can be challenged. Kindly book a consultation for further discussion.

January 2, 2021
Advocate J L Naagar
Jalandhar, Punjab

169 Client Ratings

Though the facts are complicated but since one thing is very clear that the Mr. A executed a Registered Will, which is the basic document and is difficult to evade the existence of that. Th unregisrwd document has got to be challenged on certain grounds which generally are violated in such cases. Obtain the complete details of the facts and documents to take further steps. Please give me Rank Five and follow me after reviewing my resume and book a consultation for further discussion and explanation if required.

January 2, 2021
Advocate Anik
Bengaluru, Karnataka

66 Client Ratings

Hi, firstly, the will was registered by the father in the year1984, so this is the actual deed. you need to check with the registration officer, the witnesses who signed the registered deed. secondly, you need to provide details that it was your fathers money that was used to buy the property and not of the mother. you can send the brothers and sister, collectively a legal notice and an injunction on the mortgage. for further details, you can book a consultation with me. if you liked my answer, please give a 5 star rating and a good review.

January 2, 2021