Query regarding – filing of suit of declartion for cancellation of Partition deed
We are two brothers and Father (mother passed away long time back in 1995) .
Me and my brother were Joint owners (50%-50%) of a house (with 4 floors) In West Delhi. In 2015 we executed (at sub registrar delhi) a registered Partition deed where in 3floors went to my brothers name and one floor came to me.
Reason of unequal sharing is that - We had mentioned a clause in that same Partition deed that in future my brother will not claim any share in another flat located in Noida Uttar pradesh (this Noida flat our Father had made a registered Will and Willed it in my name only ) So in compensation of this noida flat, I agreed to take 1 floor and brother getting 3 floors in delhi house. We had also mentioned a clause in the partition deed that if my brother claims any share in Noida flat , then this Partition deed would stand cancelled/revoked.
Now , my mother passed away 3 months back in sep 2020 . Now as per law , I have to execute my mothers will and follow process of Mutation of Noida flat in my name as per mothers Registered will.
For this I require my brothers No objection certificate etc in Noida authority
But my brother is behaving funny and not giving me the required NOC etc for Mutation of this noida flat in my name now.
Now , my query is that I want to cancel the partition deed (on the basis of that clause) and get back equal joint ownership of the west delhi house since my brother is not being honest .
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- Kindly suggest the procedure of this cancelation of registered partition deed as per Indian law? On what grounds shall I apply for suit?
- Will be I be in a strong Wining position or not after filing of declration suit for cancellation of the partition deed? Since such a clause was clearly mentioned and since my brother violated that clause
- How much tentative time will it take for court verdect /cancellation of this partition deed
- Will I need to pay any stamp duty again for cancellation of this partition deed (since we had already paid stamp duty while executing partition deed in 2015)?
- Any other remedy also pls sugest?
Thanks experts
Aman Singh
