Response

Generally partition deed by panchayat holds value in the eyes of law and is a valid document in the court of law.

But the partition conducted by Panchayat is usually only for the familyy arrangement and it shows the shares of family members in the eyes of law.

But the partition deed by panchayat has to be registered as per Sections 17 and 49 of The Registration Act, 1908.

A deed of partition of immovable property of the value of INR 100 and more. It is required to be mandatorily registered under section 17 of The Registration Act otherwise it is not admisible as an evidence. But this deed has not given any share of property to the daughters, if they contest it in court, the deed will not be applicable.

This decision will be challanged as Sons and Daughters are both Class-I heirs and have equal rights over the property as per Section 10 of Hindu Succession Act, 1956. It would also depend on whether the property was ancestral or it was self-acquired by your father, if it was self-acquired, he can give it to anyone, otherwise daughters and sons have equal rights over the property.

Basically, this deed is valid for now but if it is unregistered, any court would not consider it as an evidence, nor will it be applicable.

Reference: Sections 17 and 49 of The Registration Act, 1908 and Section 10 of Hindu Succession Act, 1956

2021001532021004219786

LAWAYZ-2023-841