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B Singh (self)     19 August 2012

Registered deed vs family partition

After the death of parents the property located at different places were equally got registered at the sub registrar office and mutations were transferred to all 7 brothers and 2 sisters during the year 2000 as the parents had made no will.  5 brothers and 1 sister filed civil suit that the property was done by family partition in the year 1990 by way of simple affidavit of Rs.5 where signatures of all brothers and sisters are signed that they have give property to A.  When this affidavit was signed all members were not present but the signatures were got done by crook and hook.  Please reply when the all property located at different places is equally registered on all names of legal heirs can can simple affidavit of Rs.5.00 typed in the year 1990 can be valid whereas the same is also not registered anywhere.



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 1 Replies

Adv Rohit Dalmia 9324538481 (Lawyer)     19 August 2012

in case the signatures of all the siblings are obtained forcefully, then the same shall not be valid as there is no free consent. further, since the mutation entry has been done in everyones name at that time only Mr. A should have objected. now after 10 years he cannot object upon the same and also due to limitation period Mr. A cannot inforce the affidavit.

 

Regards,

Advocate Rohit Dalmia

9324538481


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