Jeyakumar J (Senior System Engineer) 24 July 2014

Partition deed

Hi, This is Jeyakumar, I do have a question on the Partition Deed. A Partition Deed was done between My Father his Parents and His Sister and Registered, MY Father Passed away in 1998. There was a property which was supposed to come to my Father after his father passes away as per the partition deed but my Grandfather since my father is no more to create a litigation Issue had Sold that Property to his Son in Law is that possible without my Consent. Does the Law permit to break the Partition Deed and if so under what circumstances.

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4 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 25 July 2014

Dear, Your grandfather cannot do the same adnd it is laible to be set aside, file a civil suit setting aside the same. Advocate kapil chandna 9899011450

Anand Bali Adv. (Advocate Solicitor & Consultant) 25 July 2014

Dear Friend,

After a registered partition deed favouring your father some of the property, your grand father can not go for the sale of the same property without the consent of the deceased son's legal heirs, you can file a suit for the cancellation od the sale, declaration and partition of the property as per the registered deed.

Advocate Ravinder (Advocate/Attorney) 25 July 2014

I agree with above experts.

T. Kalaiselvan, Advocate (Advocate) 27 July 2014

Once a property is partitioned and registered subsequently, the grandfather has no legal sanctity over the property anymore and he cannot transact with the property in any manner after that. The alleged sale deed subsequent to registered partition deed is invalid, null and void. You may file a suit to declare the alleged sale as null and void and seek for re-possession, if possession had been handed over already.