• Family partition

My grand father property is divided by three sons A B C , C is my father revenue land they have registered in 1992 . But site and house not registered . In Rs 100 stamp paper and in plain white paper both same matter they have made partition and taken signature and thumb impression of ABC .1998 in plain paper and 2006 Rs 100 stampaper . A Has one house and B has one house and 3 sites and C has one house one site . Here A has little less property because he has taken more revenue land And now also changed the documents from my grand father to C in grama panchayit recently . But A is trying to cheat us .is it possible to him . What precaution we can take .
Asked 6 years ago in Civil Law

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14 Answers

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.

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

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

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

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.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

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

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

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.

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

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

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

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

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
84718 Answers
2172 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
84718 Answers
2172 Consultations

5.0 on 5.0

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

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
84718 Answers
2172 Consultations

5.0 on 5.0

File declaratory suit that you are absolute owner of the property

2) rely upon duly stamped partition deed

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
84718 Answers
2172 Consultations

5.0 on 5.0

File a declaration suit in the court.

Get in touch with a local lawyer.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

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