How to cancel registered partition deed, please suggest the procedure.

407 votes

The procedure for cancelling a registered partition deed is as follows:

1. Mutual Agreement: If all parties to the partition deed are willing to cancel the deed, they can execute a cancellation deed. The cancellation deed should be executed on a stamp paper of adequate value and should be registered with the Sub-Registrar in whose jurisdiction the original
   partition deed was registered.
    

2. Court Order: If one of the parties to the partition deed is unwilling to cancel the deed, then the other party can approach a civil court for cancellation of the deed. The party seeking cancellation of the deed should file a suit for cancellation of the partition deed and must prove that there are sufficient grounds for the cancellation of the deed. The court will hear both parties and pass an order accordingly. Partition of property can be challenged in India on the following grounds:
   -  Fraud: If a partition was obtained through fraud or misrepresentation, it can be challenged in court. For example, if one of the parties was induced to sign the partition deed based on false information, the partition can be challenged.
    - Coercion: If a partition was obtained through coercion or undue influence, it can be challenged in court. For example, if one of the parties was threatened or forced to sign the partition deed, the partition can be challenged.
    - Undue influence: If a partition was obtained through undue influence, it can be challenged in court. Undue influence refers to a situation where one party has a dominant position over the other party and uses that position to influence the other party's decision-making.
    - Mistake: If a partition was made based on a mistake of fact or law, it can be challenged in court. For example, if the parties were mistaken about the ownership of a property and based their partition on that mistake, the partition can be challenged.
    - Non-compliance with legal formalities: If a partition was not executed in compliance with the legal formalities, it can be challenged in court. For example, if the partition deed was not executed on a stamp paper of adequate value or was not registered with the appropriate authority, the partition can be challenged.
    

3. Notice to Concerned Parties: If the court orders the cancellation of the partition deed, then notice of the cancellation should be given to all the parties concerned, including the Sub-Registrar in whose jurisdiction the original partition deed was registered.
    

4. Cancellation Endorsement: Upon receipt of the notice of cancellation, the Sub-Registrar will make an endorsement on the original partition deed that the deed has been cancelled. The cancellation endorsement will be signed by the Sub-Registrar of Assurances and attested by two witnesses.
    

It is important to note that the cancellation of a partition deed can be a complex legal process, and it is advisable to consult a lawyer for specific guidance and assistance in cancelling a registered partition deed.

LawRato LawRato

704 votes

You can cancel the partition deed of there is any fraud has been committed. You can approach the court for cancellation of the partition deed bh filing a suit before the court.
Sadanand, Gandhinagar, Bangalore.

Advocate Sadanand Naik LawRato

603 votes

You can challenge a Partition Deed if you feel you are not genuinly allotted the share through a suit for partition. You should have a better reason to tell the Court why you were silent for the past three years.

Advocate Geetha D Philip LawRato

845 votes

You have not stated under what circumstances the partition deed was executed and why you want to cancel the Partition. That information is very important. For such matters you need to consult an advocate.
However the basic answer to your question is ; No you cannot cancel Partition deed . However you can seek a declaration by filing a suit that the said partition is a result of fraud. For declaration you need to file a suit before Court having jurisdiction.

Advocate N Dinesh Rao LawRato

807 votes

All parties to the registered partition deed shall join to execute cancellation of partition deed.
If there is any dispute between parties, they can approach the court, explaining cause of action in filling suit

Advocate Veeresh Kumar Javali M C LawRato

684 votes

Yes.
You can file suit, provided you have not signed the partition deed or your signature was taken under duress. There are bright chances for you to win provided you are ready to wait for years together. Better you take possession of property as maximum as possible and while enjoying the same you may enter into legal battle field.

Advocate Kishan Dutt Kalaskar LawRato