447+ Lawyers are online 
Registered partition deed can be challenged?
26-Dec-2023 (In Property Law)
Dear Sir,
We three brothers (A,B &C) divided property and registered partition deed in 2006. One person (B) claims that value of others (A&C) property are high now (2020) as compared to his property? Can he (B) challenge the registered deed? If so, will it cause any issue for other brothers (A&C) in selling the property? Also some more property is not divided yet and person (B) is not allowing for partition and how partition of remaining property can be done?
The partition that had happened back in 2006 was with the consent of the three parties to the same. Subsequent fluctuations in market value of the already partitioned properties will not in any way be challenged unless the earlier partition was without consent or illegal. If B is hindering partition of other properties then the same may done through court.
Helpful?
50+
50+
Dr. S. Diraviam Dinesh
Chennai | 500+ Answers
CONTACT NOW
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 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.
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.
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
you cannot reschedule after the partition deed or any deed is registered you cannot play any right as per your own intention and amendment of intention on the day itself it is an agreement and it that it should not be violated it cannot be violated of an agreement is made
Helpful?
49+
49+
Adv. Satish Kumar
Chennai | 500+ Answers
Chat
The deed can be challenged if it is proven that one or both parties to the partition deed gave their consent without free and voluntary consent. The deed can be challenged if there is evidence of coercion, fraud, undue pressure, misrepresentation or other factors that may compromise the consent of the parties.
Helpful?
Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
Connect with top Property lawyers for your specific legal issue
No Comments! Be the first one to comment.
"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."
