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?
