Parition deed

This query is : Resolved 
 

(Querist)
01 December 2015


Hi,
i have a query about something.my father's elder brother who was unmarried wrote a will in 2005 regarding his properties.this unmarried brother has a marriage auditorium which he gave its equal share among my father, my father's elder sister and their youngest brother.so after his demise they decided to do a partition deed dividing the above said property (auditorium building and its surroundings).beause of some personal problems the younger brother couldn't attend the registartion process,so my father and aunt did the registration and acquired their copy of registration.i know the partition deed is not complete with the sign of the third person too.Now my father's younger brother who agreed to the partition now came up with another will saying among the three shares he got two and one for my father cancelling my aunty's share says this is demised brother 's latest will only this will has value.we were unaware of this will and knows it's is fabricated because,after 2005 demised elder brother was diagnosed with depression and mental disorders was under medication till his death.The new will which my father's younger brother brought up was done on 2013,the fore said elder brother passed away in May 2015.the above said will which was done on 2005 according to which partition deed is registered my father's elder brother physically gone to the registration office to register the will.the new will which my father's younger brother brought up is registered in his home by registrar coming to his home.this younger brother gave complaint to registartion officials to cancel partition deed.the investigation is undergoing.
since this is a marriage auditorium we are responsible for the bookings that took while the owner was alive.so we are conducting marriages according to previous bookings.now this youngest brother of my father is refusing to sign the partition deed and filed an injection and suit against my father and aunt from entering the property.In the suit he is not asking the court to cancel the partition deed he is saying since he didn't signed it's does not matters to him .we do have medical records of this demised brother submitted them before the court .matter is under court.
queries
1.can the registration department officials has the authority to cancel this partition deed?what they can do to his complaints.?
2.Partition deed is among three and,since only two Signed and registered the partition deed does this challenge the legal value of partition deed.?
3.since he is not demanding court to cancel this registered partition deed (according to my knowledge he has to submitt total value of partition deed before court for doing that)what will happen to partition deed if court favours the plaintiff tat is my father's younger brother.?
4.if the court finds demised brother was with unsounded mind and unable to make decisions when he registered the will in 2013. Can the court can cancel this 2013 will?
Thanks in advance


P. Venu (Expert)
02 December 2015

No suggestions are possible unless the documents are seen.

Pmkerala (Querist)
03 December 2015

1.who has the authority to cancel a partition deed.?
If no one is challenging or asking the court to cancel it?
2.can a court can cancel a persons will if it is proved he was forced to do that will?

Sri Vijayan.A (Expert)
03 December 2015

1. Consult a local Lawyer in person.

2. Yourself can cancel the deed and get it registered in SRO.

3. Ask your father's brother to prove the will in Court.

P. Venu (Expert)
03 December 2015

Is the Will you are relying on is registered? if so, try to get the mutation (pokkuvaravu) carried out in the Revenue Records.

You may also get the Partition Deed cancelled and file a suit for partition on the strength of the said Will.

Rajendra K Goyal (Expert)
07 December 2015

Consult local lawyer and show him all the documents.

K.S.Srinivas (Expert)
07 December 2015

Agreed with Sri P.Venu.



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