• Registered patition deed without having title

X has filed a civil case for specific performance suit vide O.S.No.291/1981 on the file of District Munsiff, Hyderabad for allotment of an extent of Ac.12-03 gts ( from out of total extent of Ac.20.11gts) and after entering into a compromise by both the parties in the said O.S.No.191/1981., before the court. 
And they further informed, the said court finally on 29.12.1981 Passed a Final Decree in favour of X, by allotting an extent of Ac.12.03 gts in Sy.No.56 in the name of X. And X updated his name only in Pahanies that too in Possession column, as possessor in the revenue records of Mandal Revenue Office, as per the court compromise decree. 
X never filed any Execution Petition for enforcing the above Final Decree, which was passed in his favour on 29.12.1981, before the Court. till now no Execution Petition filed to get the title in his name. 

On [deleted], the family members of X, have executed a Registered Partition Deed vide document No. 6345/2014 of SRO,Rajendra Nagar on the basis of the above said Final Decree dated 29.12.1981, Now they are registering sale deeds basing on Registered Partition Deed. 

Q1. Is partition Deed valid or not because it is based on Court decree and Court decree itself is un-executed within a stipulated period of 12 years.? 

Q2. How should i cancel the Registered Partition Deed ?
Asked 4 years ago in Property Law
Religion: Hindu

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

20 Answers

Registered partition deed is valid 

 

deed of partition cannot be unilaterally cancelled 

 

it can be done through court orders 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

Dear

If you want to challenge the possession of decree holder and his family then you must have to possession of land other wise they can again claim the land on ground of adverse possession of more than 12 years. 

If you want to cancel the registration of partition deed then you should approach court challenging the partition deed on ground that the property is still under ownersship of judgement debtor of 1981 and registration has not been done till date. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

You can file a cancellation suit in court for cancellation of the same unilateral. Other wise mutually you can execute registered cancellation deed for the same. Yes you can execute a partition deed in above scenario

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

All parties to the registered partition deed shall join to execute cancellation of partition deed. 

Deed which is registered can only be cancelled by the Court since an act on the terms of the deed has taken place.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Hi

In response to your query:

1) Registered Partition Deed is a Valid Document for all practical purposes.

2) Cancellation of said Regd. Partition Deed needs to be done through Court only.

 

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

1. It is valid as per the court order the entries in the record were made also it was based on compromise so as such there was no need to execute same.

2  See to cancel the registered partition you have to file a suit.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

What is the need of execution petition when parties complied with the court order. Purpose of E P is to enforce court order if not complied by opposite party.

 

Q2. How should i cancel the Registered Partition Deed ? -- Solution depends on your interest/ownership in property 

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

In the presence of a court decree in this regard, the other shareholders cannot enter into  a partition deed among themselves for the entire property by ignoring one of the shareholders as per court decree.

For filing partition deed, ther is no limitation.

He do not have to file an execution petition for executing the court order since he has already entered his name in the revenue records 

There is no legal infirmity in filing the partition suit based on the decree passed by the court in the year 1981 even though as per your opinion the time limit for filing an EP is just 12 years, because there is time limit for filing partition suit.

The plaintiff do not have to file a suit for cancelling the registered partition deed since he is not a party to it and it is not binding on him.

Once his partition suit is decreed in his favor he may seek for allotment of his legitimate and rightful share in it by which the registered partition suit will become infructuous.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Yes the transaction is valid.

No there is no limitation for mutation the owners can get property mutated based on the sale deed.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You can object the same on ground of limitation and take injunction from the court to stop the same

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

Transaction is valid as partition deed has been executed on basis of court decree 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

Valid.

Get it mutated now.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

The partition deed is legally valid.

The JD's name appearing in pahani means the property was mutated by JD, 

Partition deed can be done anytime, there is no limitation for partition deed or partition suit.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

mutation does not confer title to property 

 

2) entry in revenue records  is only for payment of property taxes

 

3) court decree is binding on parties 

 

4) Y has no right on said land and suit for cancellation of sale deed s would be dismissed 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

Yes y has right and he very well has right to file suit. The limitations starts from the knowledge. It's three years from knowledge of the said fact

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

1.  The decree granted in favor of X is final and since the case is disposed where is the question of limitation, however you are asking for the limitation for partition?

There is no time limit for seeking partition.

 

2. The court decree is agaisnt the Y especially the compromise decree, then there is no question of Y having any rights over the 12 acres of the property allotted to X by a court decree.

 

3.  Why is Y claiming this property when it  was decided by court in the year 1981, what is the base for Y's claim in the property?

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

12 years is the limitation period for execution of the decree. 

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

non registration of decree does not affect validity of decree passed by court 

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

The same is valid since it is executed through Court Order.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

The final decree can be filed at any time, there is no limitation for that.

You may not bank upon that concept because what you have understood is not correct  as per law.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer