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Is an old partition deed valid to claim my share?
01-May-2023 (In Property Law)
I have now got hold of a partition deed dated year 1948 between by great grandfather wherein it clearly states that a portion of land and house therein is allocated to my great grandfather. This deed was obtained by me from the land records office in my tehsil. Can this be considered a valid document? to obtain my share in the property as I am the only legal heir in my branch of the family tree.
1. Partition deed, if executed in accordance with the law, is a document which creates and extinguishes proprietary rights. It can be used as evidence in a court of law.
2. On the basis of the partition deed, you can file a lawsuit for partition to cull out your share in the property. If you are the only lineal ascendant of the original owner then you will succeed to the entire property. 3. A certified copy shall suffice.
3. Any document of the aged of 30 years old and more is presumed to be admissible document in court. So this document is also to be considered. If you have filed any suit for partition or is likely to file such suit then do rely upon it to claim your due share
2. On the basis of the partition deed, you can file a lawsuit for partition to cull out your share in the property. If you are the only lineal ascendant of the original owner then you will succeed to the entire property. 3. A certified copy shall suffice.
3. Any document of the aged of 30 years old and more is presumed to be admissible document in court. So this document is also to be considered. If you have filed any suit for partition or is likely to file such suit then do rely upon it to claim your due share
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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