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Can a partition deed be questioned after 22 years
18-May-2023 (In Civil Law)
Whether any signatories person raised any objection regarding any partition deed which is registered before 22 years. Actually a registered partition deed was made in the year 1995 by amicable settlement and in that partition deed every share holder get the share. And after 22 years one of the share holder can file any case regarding cancelltion of the partition deed and create new partition deed by commission.
If there is any mistake which has been discovered naw and which is required to be rectified ,otherwise certain legal difficulties will be created,in that cases the same may be challenged bt the essential point is limitation.
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Adv. Debasis Mitra
Kolkata | 25+ Answers
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What is the alternative to partition deed?
A schedule of the property is included in the property sale deed, and mutation agreements are signed by all co-owners. The property will be divided according to the law.
What is the limitation to challenge a partition deed?
In India, the limitation period for a suit relating to partition is 12 years. This starts from the date the right to sue was acquired.
Can a partition deed be Cancelled?
They cannot. If they can prove through a lawsuit that the partition was the result of fraud, the court may consider declaring the deed null. They need to file an action before the Court with jurisdiction.
How do I challenge a registered partition deed?
You cannot cancel a partition deed unilaterally. To do so, you need the consent of both parties. This seems impossible. What can you do? You could challenge the partition deed before a court stating it was fraudulent and you might have some success.
Yes you can challenge a partition deed even after 22 years provided that there must be some reasons to revoke the same and the reasons must be satisfactory for condoning the delay.If the Court is satisfied with the above stated condition then it may proceed with the same.
Regards.
Regards.
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Adv. Suvajit Ghosh Dastidar
Kolkata | 200+ Answers
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yes, questions can be raised anytime after any problem arose. a new partition deed can be made with the same parties or with other parties anytime after the said partition deed. For any further query more details is needed.
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Adv. Sreemon Bose
Kolkata | 200+ Answers
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The deed can be challenged if it is proven that one or both parties to the partition deed gave their consent without free and voluntary consent. The deed can be challenged if there is evidence of coercion, fraud, undue pressure, misrepresentation or other factors that may compromise the consent of the parties.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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