After settlement deed can members file for partition?

803 votes

The suit can be filed however there has to be sufficient proof of the alleged pressure at the time of signing the deed and not a mere change in heart. The courts these days are coming down heavily on wrong allegations in suits on oath.

Advocate Arjun Jain LawRato

756 votes

Family settlement is binding on the parties unless consent is obtained by force, fraud or coercion. In your case if it is obtained by pressure and therefore the said deed is liable to be cancelled and suit for partition is maintainable.

Advocate Rajesh Rai LawRato

891 votes

Any Deed, including Family Settlement Deed, if executed with undue pressure and without free will or under some misrepresentation, concealment of material facts, fraudulently etc. that can be challenged by the sufferer in law. Legal validity of such Agreement can be decided by the Court in appropriate suit proceedings. If a suit for partition is filed on the basis of such family settlement, the legal validity of the same can be decided in that partition suit as well. Further detail answers can be given after going through the relevant documents etc.

Advocate Shankar Kumar Jha LawRato