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Hari Krishna (Recruiter)     11 December 2014

Can we cancel partition deed

I have a Query with regard to my property.

Recently I came to know that the sons of my previous property vendor have registered a Partition deed based on their fathers Will. According to the Will, my previous property vendor had gifted only 4 plots to his 4 sons, in the 4 acres of layout that he had made.

But to my shock, the properties mentioned in a Registered WILL and the properties mentioned in the Partition deed based on that WILL are different. They have included all those properties in those 4 acres layout which were already sold by their father.

The children of my previous property vendor are harassing me now.

What are my options?

1. Can I approach the Sub Registrar office to ask them to rectify their mistake?

2. Can we get the approach the Inspector General of Registration and Commissioner of Stamps to get that registered deed cancelled.

3. Can I approach the court to investigate into the matter and cancel the Partition Deed?



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 2 Replies

T. Kalaiselvan, Advocate (Advocate)     15 December 2014

A vendor cannot sell the property to which he has no title or rights.  If he has sold it fraudulently, he should be held responsible and catch hold of him to solve the present problem created by his other siblings.  You should have taken an opinion from a lawyer before purchasing the property.  You people are stingy that when it comes to the payment for the lawyers for an opinion, you people simply ignore that requirement itself, now making a hue and cry when the entire invested amount is at stake.  Atleast now take the help of a good and prudent lawyer in your locality and proceed as per his further advise. 

Hari Krishna (Recruiter)     15 December 2014

Mr. Kalaiselvan,

You got me wrong sir. let me explain the ground situation in detail. Here is the full story...

My father had purchased this property in 1986. During that time, there was a Industrial areas board in bangalore by the name HAL Sanitary Board. They issued katha for the sites during 1986. But the Govt. suddenly cancelled the HAL sanitary board in 1996, without transferring the documents it held, to the K.R puram Muncipality that took over. This laid the foundation for many greedy land owners to try reclaim the properties that they had already sold. unfortunately we are also victims of that government decision.

The children of my previous vendor appealed to the court claiming that their father had died intestate leaving behind 4.5 acres of land. They produced RTC extracts to the court claiming that the land was still agricultural land. They hid the fact that the land was already converted to plots and many plots sold during 1980's. The court considered that the land was still agricultural land and passed a preliminary decree that the 3 sons and mother get 1/4 share each out of the 4.5 acres.

Later the 3 sons did not apply for final decree of partition. They went to Sub Registrar for registering a Partition Deed. Though they had claimed in the case that their father died intestate, here they produced a Will of their father for partitioning their father's property.

I have a copy of that will. In the will of their father, ie my previous vendor had gifted only 4 properties in my Survey number, 3 plots to his 3 sons, 1 plot to his grandchildren, and no property to his wife. 

But these 3 sons planned a conspiracy and mentioned all the plots in the 4.5 acres , instead of mentioning 4 plots. The divided the 4.5 acres as if they are dividing it according to the Preliminary Decree got by them. 3 shares to the 3 sons & 1 share to their mother.

i am sure the sub registrar was hand in glove with them in committing the above fraud. those people are now harassing me and my father claiming that our property is their property.

How do i now nullify the fraud documents created by them.

 

What are my options?

1. Can I approach the Sub Registrar office to ask them to rectify their mistake?

2. Can we get the approach the Inspector General of Registration and Commissioner of Stamps to get that registered deed cancelled.

3. Can I approach the court to investigate into the matter and cancel the Partition Deed?


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