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sidharth (na)     07 March 2015

Partition deed challeged

There are 2 partition deed executed in 2008 and 2011 between 4 heirs of my father (his mother, my mother and 2 children). One deed for self acquired property and the 2nd deed for ancestral property 

1st deed for self acquired property executed in 2008

My father's mother and my mother had given up their shares to both children through the partition deed.

2nd deed for ancestral property executed in 2011:

My father's mother alone gave up her share to my mother and both children through partition deed.

Now my father's mother aged 93 under the influence and with the help of her daughters (father's sisters) has filed an injunction to get back 1/4 share stating both the partition deed were executed by fraud means and that she was not in her right mind during registration of the deeds (which is a false accusation). 

All the fees for registration were paid by the children for both deeds and paid tax till date.

Are these partition deed revocable?



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 3 Replies

R.K Nanda (Advocate)     07 March 2015

Yes, said PDS revocable if  obtained by fraud.

 

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sidharth (na)     07 March 2015

She personally appeared along with her daughters in front of the SRO and signed at both times. We had given the draft in advance. After their approval of the draft, the partition deed was prepared, they all read and agreed to the contents. One of her daughter came along with her to SRO and has signed as witness. There are several other witness as well.

How could this be fraud?

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     07 March 2015

Dear, Let her contest the case and I am sure you have a good defence ..... Don't worry you have a good case ... Kapil Chandna Adv 9899011450

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