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Can partition deed be cancelled in court
03-Sep-2023 (In Property Law)
I want to know whether partition deed can be cancelled in court?
Its not necessary to approach the court cancel the parition deed. The cancellation of partition can be done by the act of parties. However, u can challenge the partition deed if there is fraud committed by any share holder. Registration of partition deed is required to be admissible in evidence.
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Adv. Jamal Sait
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What is the limitation to challenge the registered 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.
How do you challenge a partition?
The suit to challenge a partition deed must be filed within three years. It cannot be challenged at this time. If you can show that you did not know about the deed, or were a minor, and you filed a complaint immediately, the court may consider it.
What is the latest Supreme Court Judgement on partition suit?
A recent ruling by a division bench of the Supreme Court made an important point: in a partition suit, each interested party is treated as a plaintiff. The law also does not prevent the passing of multiple preliminary decrees. 13-Sept-2023
Can a registered partition deed be Cancelled?
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 claiming that it was fraudulently done. Then you might have some success.
Though once all the co-parceners have signed a partition deed normally becomes final, it can be questioned in court and can be cancelled. But it is not an easy task, there should be valid grounds for that.
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