Registered partition deed is valid
deed of partition cannot be unilaterally cancelled
it can be done through court orders
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 ?
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Registered partition deed is valid
deed of partition cannot be unilaterally cancelled
it can be done through court orders
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.
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
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.
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.
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.
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
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.
After the death of the Decree holder X 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 TO THE THIRD PARTIES. is this transaction VALID OR NOT? In the pahanies of the 2018-2019 the patta column still has DECREE HOLDER NAME AND THE POSITION COLUMN HAS J.D names. Since the J.D did not mutated in the revenue records. in 2014 the family members of the Decree holder has got the patition deed done on the bases of Court Decree passed in 1981. DOES THIS THING HAS LIMITATION OR NOT ?
Yes the transaction is valid.
No there is no limitation for mutation the owners can get property mutated based on the sale deed.
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.
I have put wrong sir FOLLOWING IS IN CORRECT ORDER. Y IS THE PATTADAR / TITLE OWNER OF LAND 20. ACRES. X ENTERED IN AGREEMENT OF SALE WITH Y FOR 12 ACERS. X FILED SUIT FOR PARTITION OF 12 ACRES WITH Y IN A COMPROMISE DECREE X GOT FINAL DECREE IN SUIT FOR PARTITION IN 1981. (THE TERMS OF THE FINAL DECREE AS FOLLOWS) IMPORTANT POINTS. a. They have fixed their bounders of their respective lands b The plaintiff are here by ordered to be in inserted in R.O.R as Occcupant and possessor by deleting present entry. c. The plaintiff his entitled to get the patta mutated in his name in respect of 12 acres in syn 56. X did not got mutation done in his favor till now for 12 acers STILL Y IS THE PATTADAR. after the death of Plaintiff (in 1995) his legal heirs created a family partition deed in 2014 based on the final decree from Y and selling them in plots now. AS ON THE PRESENT DAY ALSO Y IS THE PATTADAR OF THIS LAND. Q1. DOES THIS FINAL DECREE OF X HAS LIMITATION OR NOT. Q2. SHOULD Y HAS ANY RIGHT IN THE LAND AND CAN Y FILE A SUIT FOR CANCELLANTION OF SALE DEEDS BASED ON FAMILY PARTION DEED IN 2014. Q3 WHAT SHOULD Y DO IN THIS CIRCUMSTANCES?
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
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
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?
Y claim will be based on inn-action X not getting executed final decree with in 12 years. And there is no transfer of title is done between Y --> X. with in 12 years. As per the Limitation act 1963. Since X as not performed its part with in 12 years. So having Final Decree means as good as Sale Deed. Then all Decrees transfers title automatically. ??