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Partition suit-Release deed not binding on plaintiff


11-May-2023 (In Property Law)
Dear Sir/Madam,nIn the Partition case filed by plaintiff for 1/3rd share against mother (1/3rd share) and younger brother (1/3rd share) seeking relief in civil court.The prayer saysn1.Partition of property among 3 legal heirs n2. Release deed not binding on plaintiff which was fraudulently executed using GPAnnIs this suit maintainable since the advocate has prayed as "release deed not binding on plaintiff" instead of asking for "Cancellation of Release deed"
Answers (1)

Answer #1
598 votes
Yes Usually in partition cases where there are release deeds, sale deeds etc the relief sought is for the document to be “not binding” and not for cancellation of the document. The reason is cancellation of a document is sought for by a person who is a party to such document. In your case the plaintiff is not a party to the release deed and hence the relief sought is maintainable.
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