1) deed of partition had to be duly stamped and registered to be admissible in evidence

2) 2) it is admissible for collateral purposes like division of the status and nature and

character of possession

3) Section 35 of the Indian Stamp Act contains a bar against

admissibility of such document in evidence and the same reads as follows:-

Instruments not duly stamped inadmissible in evidence etc.:- No instrument

chargeable with duty shall be admitted in evidence for any purpose by any person

having by law or consent of parities, authority to receive evidence, or shall be

acted upon, registered or authenticated by any such person or by any public

officer, unless such instrument is duly stamped.

If A is trying to cheat you and has transferred entire grand father in his name file appeal against mutation of property in his name

Itvl appears that the joint property was mutually partitioned and separate possession was maintained in accordance thereof.

If that is so then the mutual arrangements can not be challenged anymore.

Its not clear how A is cheating others. In other words the partition so far made can't be altered anymore.

Hi, the entire case is based on documentary evidence .. There is no possible way that he can cheat you.. As a precautionary measure you can file a suit for permanent injuction

Hello,

For a partition deed to be admissible in evidence the same has to be registered and stamped and the same can just be used for collateral purposes.

Section 35 of the Indian Stamp Act puts a specific bar on in admission of such documents.

Also it is advised that if you feel that A is trying to cheat you and is getting the property transferred on his name then you can challenge the mutation in the court.

Please contact a local lawyer for the same.

Regards

This is family settlement deed and according to Section 17 of the Indian registration act, of family settlement deed need not be registered under the registration act. Therefore without having registration of that family settlement, it is enforceable and admitted by the court  as documentary evidence. When property has already been settled then A  had no right to get chance at this stage.  in this situation you should file a civil suit for cancellation of those changes and enforcement of the family settlement deed

If there was no proper partition among the brothers then the sharing of property among them may not be equal, therefore the agitated person can file a suit for partition.

For protecting yor property from being encroached or grabbed you may file a mandatory injunction suit restraining the person who is trying to interfere in yor possession enjoyment of the property by impleading the person who is trying to create an encumbrance in the property held by you.

now what can i do in this case

You can file a mandatory injunction suit agaisnt the person who is posing threats and is trying grab your property.

Deed of partition has to be registered to be admissible in evidence

2) registration can be done within maximum 8 months of execution of sale deed

If there is an objection for issuing the said 9 and 11 form from any party then the Tehsildar or the Revenue officer will summon the disputing parties, take down the statements of both the sides, and on the basis of evidences and merits, he may decide the dispute or else the next alternative for the parties is to approach court of law with a suit for declaration.

File declaratory suit that you are absolute owner of the property

2) rely upon duly stamped partition deed

You may have to submit the documents which you rely upon to prove your ownership including the tax paid receipts, electricity connections, water supply connection etc.

The stamp duty paid now also can be a substantial evidence.

File a declaration suit in the court.

Get in touch with a local lawyer.

Regards