Partition deed without having title.
Querist :
Anonymous
(Querist) 20 August 2019
This query is : Resolved
X has filed a civil case for specific performance suit vide O.S.No.291/1981 on the file of District Munsiff, Hyderabad for allotment of an extent of Ac.12-03 gts ( from out of total extent of Ac.20.11gts) and after entering into a compromise by both the parties in the said O.S.No.191/1981., before the court. And they further informed, the said court finally on 29.12.1981 Passed a Final Decree in favour of X, by allotting an extent of Ac.12.03 gts in Sy.No.56 in the name of X. And X updated his name only in Pahanies that too in Possession column, as possessor in the revenue records of Mandal Revenue Office, as per the court compromise decree.
X never filed any Execution Petition for enforcing the above Final Decree, which was passed in his favour on 29.12.1981, before the Court. till now no Execution Petition filed to get the title in his name.
On 30-08-2014, the family members of X, have executed a Registered Partition Deed vide document No. 6345/2014 of SRO,Rajendra Nagar on the basis of the above said Final Decree dated 29.12.1981, Now they are registering sale deeds basing on Registered Partition Deed.
Q1. Is partition Deed valid or not because it is based on Court decree and Court decree itself is un-executed
within a stipulated period of 12 years.?
Q2. How should i cancel the Registered Partition Deed ?
Dr J C Vashista
(Expert) 21 August 2019
What is your locus standie/ concern to the query, if it is a true and not a fabricated story?
It would be advisable to consult a local prudent lawyer with relevant records for better appreciation of facts, guidance and proceeding, if there is some iota of truth in your query, which is prima facie hypothetical story.
manoj
(Expert) 22 August 2019
When both parties are agreed, Execution petition is not necessary. But as per your query you are saying that the nature of the suit is Specific Performance, In Specific Performance the Plaintiff will ask the court to direct the defendant to execute the sale deed or in failure the court can register the property. But in your case both the parties had compromised. what are the terms of the compromise. without knowing about compromise terms, no one can assist you in the above query. you better come up with full facts
V E MANOJ KUMAR
ADVOCATE
CELL NO 8686159292
