Guruprasad (Lead) 16 September 2021

partition deed cancellation

Hi All, Thanks for your contribution to society. my mother in law and father in law passed away . The partion was done between my brother in-law and my wife when my in laws were alive. Is there a chance that partition deed can be cancelled as the partition was not done equally and can my wife go to court to challenge that partition and get the partition again between my brother in-law and my wife.

thanks

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7 Replies

kavksatyanarayana (subregistrar/supdt.(retired)) 16 September 2021

Whether the partition deed registered or not? What are the terms mentioned in the Partition deed? It is important to form an opinion. So consult a local lawyer with the deed.

Atkur Vamshi Krishna 17 September 2021

register sale deed cancellation,
which is registered at 2004 but the owner was know at 2017 after completing of adverse time and 3 years also finished by the knowing of the knowledge of plaintiffs ,how to cancel that register sale deed. please help me any case laws,...

Bhabani Padhy 17 September 2021

Yes, if proportional properties has not given, but as asked the contents or recital of the Partition Deed is very vital

Guruprasad (Lead) 17 September 2021

partition deed was made at court as decree and no such terms mentioned

P. Venu (Advocate) 17 September 2021

"The partion was done between my brother in-law and my wife when my in laws were alive." Is it a partition deed or a settlement? Was any deed executed and duly registered? Who are the signatories to the execution.

G.L.N. Prasad (Retired employee.) 17 September 2021

partition deed was made at court as decree and no such terms mentioned Highly improbable. A decree can be set aside only after filing such prayers for; set aside, and cancellation of sale deed, within the limitation period of 3 years or through further appeal within time frame fixed for going to appeal.

Dr. J C Vashista (Advocate ) 18 September 2021

The facts posted suggest it was a family settlement done between the siblings, which can be repudiated, cancelled, whereby a fresh suit for partition and possession can be instituted by your wife. Consult and engage a local prudent lawyer for proper analyses of facts/ documents, advise and necessary proceeding.