• Cancellation of Khangi Deed

Hi , 

My grand father has 4 brothers and khangi partition has been done between 4 brothers which has not been registered.

My Uncle (fathers big brother) has done our partition also on a 1000 stamp paper and got it signed by my grand father and my father which is in english (my father does not understand english)and has not been registered yet and my grand father can not see. 

They were told something else and on paper it is somthing else uncle has taken double share for eg flat 1300 sq and ours is 750 sq ft same with shops and office space.

with a discussion one of my lawer friend to be given the equal shares we have registered a Will of my grand father of his self aquired property.

Question is can that khangi partition deed of 1000 stamp paper can it be cancelled? Uncle has given us a photo copy of that deed after a lot of struggle which was signed in may 2015 ..

We do not want to get in to a partition suit as we do not stay in that city... Grand father is still alive and he is in our favour.

Please advise the possible ways out . My uncle has aquired a flat which is okay giving him benifit of doubt that he helped in the construction of the complex a little however we do not want to give him double shares in shops which is in the complex. We want to carry out the partition according to the Will. What are the next steps can be taken.?
Asked 7 years ago in Property Law
Religion: Hindu

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5 Answers

1) un regsitered partition deed is in admissible in evidence

2) deed of partition appears to be under stamped too .

3) it is better your grand father / father file suit in court to set aside alleged partition as it has been executed under undue influence / fraud . . your grand father has no eye sight and was not aware of document signed by him . further your father is illierate

4) will takes effect only on death of testator ie grand father not during his lifetime

5) your uncle will challenge will on grounds that partition has already taken place although the said partition deed would not be admissible in evidence as it is understamped and not regd

Ajay Sethi
Advocate, Mumbai
95198 Answers
7607 Consultations

5.0 on 5.0

1. A partition deed requires mandatory registration under the Registration Act, failing which it is void.

2. Since your grandfather is still alive he should file a caveat before the Sub-Registrar to protest the registration of the partition deed by your uncle. A suit for declaration of his title to the property may also be filed by him as his basic grievance is that partition deed is vitiated by fraud and misrepresentation.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1) grand father should file suit as he has no eye sight and partition deed has been fraudulently executed

2) your father should also be plaintiffs in said suit

3) your grand father can execute POA in favour of your father to attend court on your behalf . His personal appearance is not necessary on each date

4) partition deed is inadmissible in evidence

5) will can be objected to on grounds that grandfather was not of sound mind at time of execution of will or on grounds of undue influence or coercion

Ajay Sethi
Advocate, Mumbai
95198 Answers
7607 Consultations

5.0 on 5.0

Please advise the possible ways out . My uncle has aquired a flat which is okay giving him benifit of doubt that he helped in the construction of the complex a little however we do not want to give him double shares in shops which is in the complex. We want to carry out the partition according to the Will. What are the next steps can be taken.?

First of all you should understand two things:

'1. Will: as Will shall come into force only after the lifetime of the testator so possibilities to divide the property as per will during the lifetime of your grandfather is ruled out.

2. Khangi division: A division of property based on Khangi deed is also not possible during this phase until your grandfather confirms the this type of settlement among his sons.

Moreover during your grandfather's lifetime your father is not entitled to a share in his property as a right.

Therefore he cannot file a partition suit also even if he wants to.

At the present stage an amicable settlement or mutually agreed terms shall be best solution, discuss with a local lawyer and decide.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

1. If they are not willing to go then there is no question of any solution.

2. If at all your grandfather desires to have relief then he has to file the declaration suit against his elder son.

3. This your local advocate will intimate and confirm.

4. He has to file the suit before court and the procedures to be followed shall be intimated by your advocate in this regard.

5. The deed has to be seen for rendering an opinion about it.

6. The Will can be probated only it comes into force.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

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