Upgrad LLM

cancellation of family partition deed


sisters son is trying to cancel brothers registered family partition Deed which was signed 13 years ago between brother sister and his family
and the property rights is transfered to brother.
sister passed away in 2009 , now his son is trying to cancel the registered partition deed saying that his mother has signed the deed for very less value .
what will be the status ?
 
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subregistrar/supdt.(retired)

Partition deed was registered and one of the party to the Partition deed died a decade ago.  Your sister son cannot cancel the partition deed and he is not concerned with the partition deed.  Who are the parties to the Original Partition deed can only cancel the partition deed.  

 
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does sisters son has any right on property
he is claiming that it is his ansisterial property and he was major when his mother signed the deed.

does value matters in Family partition deed?

what would be the advice for sisters son?

does one of the party of two who signed the deed can cancel the deed ?
 
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sister son is claiming that my mother signed the deed for only for cash not for land so the deed is void
is he right?
 
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he is saying that Not a cent of land is given for my mother only cash is given
does his argument has any validity?
 
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sister son is also saying that he will bring stay order and will not allow brother to buy /sell or even take loan against land

can he do so?
 
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Retired employee.

These threats are common.  Let him to go to court, and let the court decide on the issue and do not worry yourself over such harassments. Who is your sister's son to decide, when he is not the party to the partition? 

 
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Advocate

It appears that you have not posted the complete facts. What do you mean by "now his son is trying to cancel the registered partition deed saying that his mother has signed the deed for very less value"? What was the nature of the property- was it ancestral or otherwise? 

 

 
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ADVOCATE

Your sister's son has no right to get the said Family Settlement canceleld. Since his mother has already relinquished her rights, now he cannot claim in contradiction thereof.

 
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ADVOCATE

Your sister's son has no right to get the said Family Settlement canceleld. Since his mother has already relinquished her rights, now he cannot claim in contradiction thereof.

 
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