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prachi mehta (manager)     23 July 2010

Partition deed : Unregistered Understamp zerox copy

Mr A and Ms B are father mother of Mr C and Mr D who are real brother. 

In year 1981 Mr A and Ms B sold their share in ancestral property to Mr C and Mr D equally with registered sale deed.

In year 2002 Mr D forced Mr C to sign partition deed; Mr C under emotional blackmailing signed partition deed but didn’t register it was under stamp and original copy has not be produced by Mr C in court till date. Mr C filed suit for partition and challenging partition deed.

Mr C came to know that few properties taken in partition deed are not owned by either Mr C or Mr D.

There was a clause in partition deed that those few properties have to be sold and money should be given to Mr D.


My question is that

1)      Can Mr D do partition if partition has already taken place back in year 1981 without giving any good reason?

2)      Due to wrong properties in partition deed (where Mr C and Mr D are not owner of property) does partition deed became void ab initio?

3)      Can partition deed became null and void since there is a condition in partition deed and that condition cannot be fulfilled as properties which has to be sold are not owned by Mr D and Mr C ?

4)      Under stamped, unregistered zerox copy of partition deed be taken in evidence, if yes please describe in brief?


 1 Replies

prachi mehta (manager)     23 July 2010

Slight correction : Original copy of partition deed has not be produced by Mr D (not Mr C) in court till date

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