Registered partion deed

The agriculture land purchased during 1935 in the name of my grand mother and my father name and my grand father represent as guardian for my father. During 1962my uncles including my Father made a registered partion deed with out my grand mother signature and she expired 1976. Whether this partion deed still having value?

Answers (1)

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In case a partition is by mutual consent, a partition deed is required to be executed by the co-owners. Since your grandmother being a co-owner has not signed the partition deed, the property cannot be relinquished on such terms unless she had executed a power of attorney and the attorney holder being entitled to do so had relinquished her claim by executing the partition deed. You may file a suit for declaration of title and possession based on the partition deed or in the alternative you may file a suit for cancellation of the deed itself with further remedies. The appropriate course of action would depend on how your interest can be best protected. Pending the suit, an interim injunction can also be applied for to maintain the status quo and to prevent the parties involved from alienating the property. It would be advisable to engage an Advocate you trust if you are unsure of where your case stands. A proper scrutiny of the documents in question is required before any concrete advice can be given on which remedy to pursue. If you have a more specific question, feel free to ask.

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