Cancellation of partition deed & money recovery in stale cheque case


We brothers have entered into an partition deed for our ancestral property in Delhi in the year 2020 . As they wanted to stay over there thus they gave me my share of the property by giving part payment and some Pdcs for the balance. My elder brother son has given me two cheques on behalf of his father and those cheques are mentioned in the partition deed . One of his cheques has become stale as I had deposited it in the bank in the last moment & the second cheque when deposited came back with stop payment memo. The brothers have also signed affidavits for taking care of our mother at the time of signing of partition deed but are not fulfilling their commitment. My query is that how can I recover my money and can the partition deed be cancelled and the time taken.

Answers (3)


162 votes

Hi, Would advise you to issue a legal notice under section 138 of the Negotiable Instruments Act by giving 15 days time to make the payment failing which a complaint be filed before the concerned Chief Metropolitan Magistrate. For the stale cheque you May file a suit for recovery


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277 votes

Yes , the partitioned deed may be cancelled due to the condition of partition deed not completed and the payment of cheques has been stop.

You may take legal action as soon as possible due to the cheating has been committeed against you

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285 votes

You can challenge the whole partition also and at the same time can seek for specific performance on the part of you brother.

As your brother was under an obligation to fulfil his duties and he did not do and tried to deceitfully cheat you, you can also file a criminal case against them.

You can also make a cheque bounce case wherein you can recover hefty interest and penalty amount from you brother.

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