• Whether registered partition deed be questioned in court?

Hi
There is a registered partition deed executed between 4 women before December 2004. However the partition is not equal. It is varying for all the four sisters. Also the partition deed is made on the grounds of the Will made by their mother during her lifetime. The Will is also accepted in the court of law in other dispute.

Now one of the sister is claiming that the Will is made out of fraud and she is unaware of the partition deed and has filed an Origina Suite and also has got status quo on all the entitled properties till the disposal of the case.

Is this case valid and what could be the possible judgement?
Asked 7 years ago in Property Law
Religion: Hindu

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5 Answers

1.Well, without seeing the content of Will, partition deed and plaint of the suit it is very difficult to comment on the merit of the case.

2.However once things can be said for sure that if the sister who had signed the partition deed and got it registered can not alter retreat and challenge the deed.

3.if she challenges the Will and gets successful then also she would not succeed and the partition deed mutually signed, registered and acted upon can not be set aside.

So relax and let the suit proceed. You loose nothing.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1) I presume sister is educated

2) she must have read the contents before appending her signature on partition deed

3) suit filed by sister is devoid of merits

4) suit would be dismissed

Ajay Sethi
Advocate, Mumbai
95208 Answers
7610 Consultations

5.0 on 5.0

Dear Sir/Madam, yes, registered partition deed can question before civil court by quoted relevant reasons for the same as well as deprived her legal rights over the said property. If she proved the same, she will win the case, it may come judgment on her favour. .... by Chandrashekhar Vithal Jadhav, Advocate & Legal Consultant, Bangalore.

C. V. Jadhav
Advocate, Bangalore
545 Answers
18 Consultations

4.7 on 5.0

If she has signed the partition deed, her suit is destined to dismissal.

Provide relavent dociment to prove that she has signed the partition deed out of her own will and khatha was changes accordingly.

Sandeep Hegde
Advocate, Bangalore
418 Answers
154 Consultations

5.0 on 5.0

If the properties were partitioned as per the recital of will then the will should have been probated.

Without obtaining probate of the said will it may not be possible to partition the properties among the warring parties.

Especially if there is a dispute in the property, then it should referred to civil court because the B's acquisition of entire property is not maintainable in court.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

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