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muhammed   29 May 2023

Can we nullify a registered partition deed of a missing person without civil death declaration

My father has two wives, and I am from the second wife. We are following muslim law. we had a partition deed dated 1964 with one of my half brother as missing person even at the time of registration of this deed. He was missing from 1957 and the deed was registerd in 1964. It clearly mentioned that my hlaf brother usman, is not present and he is missing, his property cannot be transfered but be taken care of by ummer, one of his direct brother.

Later in 1991, two of my half brothers, ie; Missing brothers real brothers ( both father and mother Same) has executed a partition and registerd a deed stating that usman is dead, without any civil death declaration or death certificate issued. they just stated that he is dead. As per muslim law, I will not be a legel heir until all his real brothers are dead. in 2014 all his real brothers were passed away and then I assumed that the properties soul heir is the only living half brother that is me. So i filed a civil suit for partition of the property and procedures for declaration of civil death. later on I got the information that the above property is partitioned in 1991 by two of my other half brothers.

The registration happened in 1991 and happened without any civil death declaration or death certificate. and current case for civil death declaration is still on going as of 2023. Can we nullify the registered partition deed of 1991. Please guide me.

Thank You

With Regards



 1 Replies

Real Soul.... (LEGAL)     30 May 2023

You mean to say after 34 years in 1991 when a person is not ehard of or is not showing  should be assumed as alive?

under Section 108 of the Indian Evidence Act, 1872, if a person is not heard for 7 years is assumed as dead, and if anyone claims that wrong has to prove him alive, so stop dewelling on that. If you have anyother strong grounds you can chellange the sale deed but this not a ground at all.

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