Many families in Andhra Pradesh divide ancestral and self-acquired land among themselves through a mutually agreed partition deed, often without registering it. When the time comes to update the revenue records, a common question arises: must this partition deed be registered? A clarification issued by the Commissioner of Survey, Settlements & Land Records (CSS & LR) under the ROR Act answers this.
The Situation That Was Raised
The point put to the Commissioner described a common family arrangement:
- The father and his sons are all alive and are separated.
- They hold both ancestral property and the father's self-acquired property.
- They are enjoying the lands as per a mutually agreed, unregistered partition deed.
- There is no dispute regarding their shares.
The question: in such cases, is the partition deed to be got registered?
The Clarification in Brief
There is no need to register a partition deed. However, the partition deed should be properly stamped as per Article 40 of Schedule I-A of the Indian Stamp Act.
| Question | Whether the partition deed is to be got registered in such cases. |
|---|---|
| Registration | There is no need to register the partition deed. |
| Stamping | The deed should be properly stamped as per Art. 40, Schedule I-A, Indian Stamp Act. |
| Recording authority | Should record statements from all concerned and keep a proper and complete record of the enquiry regarding the partition, including a copy of the partition deed. |
What Must Be Done: Stamping and Enquiry
Although registration is not insisted upon, the clarification does not make the process casual. Three things are expected:
- Proper stamping. The partition deed must bear the stamp duty required under Article 40 of Schedule I-A of the Indian Stamp Act.
- Statements from everyone concerned. The recording authority should take statements from all the persons involved in the partition, here the father and the sons.
- A complete enquiry record. The authority should keep a proper and complete record of its enquiry into the partition, and this must include a copy of the partition deed.
In practical terms, families should keep the stamped partition deed ready and make sure every party is available to give a statement when the revenue authority holds its enquiry.
An Important Caution
Read this clarification in context. It deals with how the revenue authority records a partition in the land records, in a case where the shares are undisputed and the family has already been enjoying the land as agreed. Registration and stamp duty are also governed by other laws, and stamp rates and procedures have changed since 1989. Before relying on an unregistered partition deed for anything beyond revenue records, such as a sale, a mortgage or a court matter, take advice from a qualified lawyer.
Key Takeaways
- According to this clarification, an agreed partition deed need not be registered for the revenue authority to record the partition.
- The deed must still be properly stamped under Art. 40, Schedule I-A of the Indian Stamp Act.
- The recording authority must take statements from all concerned.
- A complete enquiry record, including a copy of the deed, must be kept.
- The case described had no dispute over shares.
Frequently Asked Questions
Is registration of a partition deed compulsory for AP land records?
According to this CSS & LR clarification, there is no need to register the partition deed in the case described, where the family has agreed on shares and there is no dispute.
Does the partition deed still need stamp duty?
Yes. The clarification says the deed should be properly stamped as per Article 40 of Schedule I-A of the Indian Stamp Act.
What should the recording authority do in a partition case?
It should record statements from all concerned and keep a proper and complete record of the enquiry regarding the partition, including a copy of the partition deed.
Does this apply if the family members are in dispute?
The case in the clarification involved no dispute regarding the shares. If there is a dispute, get legal advice, as the outcome can differ.
Disclaimer: This article is for general information only and is based on a 1989 clarification. Laws, stamp duty rates and procedures have since been amended, and land records have moved online. Please verify the current position with the revenue department or a qualified legal professional before acting.
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AP Pattadar Pass Books Act 1971: Complete Guide
