Brothers who share family land do not always divide it evenly. Sometimes one holds a larger plot because another's land is more fertile, and often there is no partition deed at all, registered or unregistered. When the family then approaches the revenue office to update the records, the question arises: is a registered partition deed required before the transfer of registry? A clarification from the Commissioner of Survey, Settlements & Land Records (CSS & LR) answers this.
The Situation That Was Raised
The point was framed as a follow-on to the case of a partition among family members:
- In some cases, the brothers enjoy the property unevenly.
- The reason is that the lands possessed by them are not equally fertile.
- There is no partition deed, either registered or unregistered.
The question: in such cases, is a registered partition deed required for effecting the transfer of registry?
The Clarification in Brief
The answer given was "No." A registered partition deed is not required. However, the recording authority must record statements from all concerned and keep a complete record of the enquiry, including the reasons for the unequal partition.
| Question | Whether a registered partition deed is required for effecting the transfer of registry, where brothers enjoy the land unevenly and there is no partition deed, registered or unregistered. |
|---|---|
| Answer | No. |
| Recording authority | Should record statements from all concerned and keep a proper and complete record of enquiry regarding the partition, including reasons for unequal partition. |
What the Recording Authority Must Do
Not needing a registered deed does not mean the change is made without proof. The authority is expected to do two things:
- Record statements from everyone concerned. Each brother, and any other person concerned, should be heard and their statement recorded.
- Keep a complete enquiry record. The record of enquiry regarding the partition should be proper and complete, and must include the reasons for the unequal partition, such as the difference in fertility of the lands.
In practice, the family should be ready to explain how and why the land was divided the way it is, since that explanation becomes part of the official record.
How This Differs From the Earlier Partition Point
This is the third point in the same list of clarifications. It is easy to confuse with the earlier point on partition, so here they are side by side.
| Point | Point 2: agreed partition deed | Point 3: uneven enjoyment |
|---|---|---|
| Partition deed | An unregistered deed exists | No deed, registered or unregistered |
| Registration needed? | No | No |
| Stamping | Deed to be properly stamped under Art. 40, Schedule I-A, Indian Stamp Act | Not mentioned in this clarification |
| Recording authority | Record statements from all concerned and keep a complete enquiry record with a copy of the deed | Record statements from all concerned and keep a complete enquiry record, including reasons for unequal partition |
An Important Caution
Read this clarification in context. It deals with how the revenue authority handles the transfer of registry in the records. It does not say that land can be divided with no document for every other legal purpose. Registration, stamp duty and partition are also governed by other laws, and rules and procedures have changed since 1989. Before relying on an informal division for a sale, mortgage or court matter, get advice from a qualified lawyer.
Key Takeaways
- Where brothers enjoy land unevenly and have no partition deed, a registered partition deed is not required for transfer of registry.
- The recording authority must take statements from all concerned.
- The enquiry record must be complete and must include the reasons for the unequal partition.
- The example given is land that is not equally fertile.
Frequently Asked Questions
Is a registered partition deed required when brothers hold land unevenly?
According to this CSS & LR clarification, no. A registered partition deed is not required for effecting the transfer of registry in such cases.
What if there is no partition deed at all?
The case in the clarification had no partition deed, registered or unregistered, and the answer was still that a registered deed is not required. The recording authority must instead record statements and a complete enquiry.
Why must the reasons for unequal partition be recorded?
The clarification requires the enquiry record to include the reasons for the unequal partition, for example because the lands are not equally fertile. This makes the record complete and shows why the shares differ.
Who gives statements during the enquiry?
All concerned persons, which in this case means the brothers who hold the land, and anyone else concerned with the partition.
Disclaimer: This article is for general information only and is based on a 1989 clarification. Laws 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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