Registered Partition Deed Can Be Challenged?

744 votes

The registered partition deed executed in 2006 was agreed upon by all parties at that time. A change in property value over time does not affect the validity of the registered partition deed. The partition will not be reopened unless:

1. The partition deed was obtained by fraud, coercion, or misrepresentation.
2. There was a mistake in the property division process.
3. There is proof that an important legal aspect was overlooked.

Since B willingly accepted the partition in 2006, he cannot challenge it now merely because the property values have changed. The partition suit limitation period under Indian law is generally 12 years from the date of partition. If this period has passed, any challenge may not be entertained by the court.

If B is blocking the division of the remaining property, you can file a partition suit in court. The court will order a division of the remaining assets based on legal rights.

Dr. S. Diraviam Dinesh LawRato

916 votes

Once a partition deed is registered, it cannot be revoked or amended based on an individual’s personal intentions. It is a legally binding agreement, and no party can unilaterally alter it after signing.

To challenge the validity of a registered partition deed, B would need to provide solid legal evidence such as:

• Proof of fraud or misrepresentation during the partition.
• Evidence of non-disclosure of a significant asset at the time of partition.
• A family settlement that was executed without proper consent.

If no such grounds exist, B’s challenge will not succeed in court. Additionally, A & C can freely sell their properties as per their legal ownership rights.

For further clarity, you may refer to the latest Supreme Court judgments on partition suits or consult a property lawyer for legal assistance.

Advocate Satish Kumar LawRato

349 votes

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.

Advocate Chikirsha Mohanty LawRato