Deed of partition has been duly stamped and registered and is binding on parties
2) after 7 years suit to claim share would be barred by limitation
Family partition deed
This regarding Hindu Family in Tamilnadu. A partition deed executed and registered in year 2012. Previously Father-A got ancestorl coparcenory property. In the 2012 partition deed following three members are parties : 1. Father-A 2. B is Daughter of A. 3. C is Son of A. All three involved in the family partition deed executed and registered in year 2012. All three parties in the deed major and more than 30 years at the time of the partition deed execution and registration. As per the family partition deed agreed by the parties: The Father A got amount from family common cash rupees : 30000 (Thirty thousand rupees) The Daughter B got amount from family common cash rupees : 40000 (Fourty thousand rupees) The Son C got Land, The land value is rupees:900000 ( Nine Lakhs rupees) All the there parties agreed and signed executed and registered. Question. All three members agreed and executed the partiiton deed in year 2012, Now or later any one can claim the land in this? If any one can claim, what will be the remedy now? For remedy Required any additional document need to execute between the three members? If need to execute additional document then what is the document? Please provide clarification in detail without any ambiguity.
Asked 6 years ago in Property Law
Religion: Hindu
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21 Answers
1. No
2. No additional document is required to be registered. This is sufficient to defend your self if case is filed by any party in future.
Do not worry about the said issue. You have sufficient document to defend yourself.
Regards
If any one claims and you are desirious to give s share you can execute a supplementary partition deed giving him share
If your father and sister wholeheartedly consented to this agreement there is no issue.
Regards
G.Rajaganapathy
High Court of Madras
Need to check wording written in the partition deed you have only given here what everyone has received or given. But what is written in agreement, that totally property whether immovable and movable, who are having actual share ratioing and ready to give brother or son against 40k and 30k respectively etc.
A registeted family settlement deed signed by all coheirs are legally binding upon all such heirs and is a valid proof of evidence in court.
No further agreement is required in law.
See after the deed is registered no other party has any right over the land , in case any party seek share of land then said suit can be contested and further the court may reject the suit.
Dear Respected Lawers, Please provide clarification as soon as possible: This is regarding Hindu Family in Tamilnadu. A partition deed executed and registered in year 2012. --------------------------------------------------------------------------------------------- Previously Father-A got ancestorl coparcenory property. ------------------------------------------------------------------------------ In the year 2012 partition deed following three members are parties : 1. Father-A 2. B is Daughter of A. 3. C is Son of A. ------------------------------------------------------------------------ All three involved in the family partition deed executed and registered in year 2012. All three parties in the deed major and more than 30 years at the time of the partition deed execution and registration. --------------------------------------------------- As per the family partition deed agreed by the parties: The Father A got AMOUNT from family common cash rupees : 30000 (Thirty thousand rupees) The Daughter B got AMOUNTfrom family common cash rupees : 40000 (Fourty thousand rupees) The Son C got LAND, The land value is rupees:900000 ( Nine Lakhs rupees) All the there parties agreed and signed executed and registered. ---------------------------------------------------------------------------------------------- QUESTION:. All three members agreed and executed the partiiton deed in year 2012, Now OR later any one can claim the land in this? If any one can claim, what will be the remedy now? For remedy Required any additional document need to execute between the three members? If need to execute additional document then what is the document? Please provide clarification in detail without any ambiguity. Also provide relevant case law details for reference from supreme court or High courts. Waiting for your valuable and timely reply. Please provide clarification.
Asked 6 years ago
Nobody can raise any dispute over the settlement. Land settled in favour one can't be disputed by other.
As mentioned earlier no claim can be made after period of 7 years Adit would be barred by limitation
deed of partition duly stamped and registered is binding on parties
- As per law, a partition deed can be cancelled by all the parties of the registered partition deed jointly.
- Further , any party of the said registered Partition can declared null and void , on the ground that his signature was obtained fraudly, after filing a decleration suit before the court.
- Further, as per provisions of the Limitation Act for challenging a document is three years.
- Since, all the three signed and executed and registered the Partition Deed, hence it is unchallegeable and non of them can claim the land of settlement .
- If, the said registered Partition deed , already having clauses satisfactorily , then there is no need of additional documents , however for your safety purpsoses , can take Release Deed from other two parties of Deed.
- Since this deed was executed in the year 2012 . hence challenging the same does not arise now, becuase the limitation period is only 3 years from the date of execution.
Good luck and dont forget to rating Positively.
You have stated that there was a proper partition deed executed by a registered document and it has been more than three years now after its execution.
Thus any claim in this regard after three years of the execution of the registered partition deed may not be valid and barred by limitation.
If at all any party was aggrieved by this partition they should have raised their concern or filed a suit for cancellation within three years from the date of the execution of this registered partition deed.
As it was opined in my previous post that any claim beyond three years of the registered partition deed seeking to cancel the said deed or for an additional share is not maintainable since it is barred by limitation.
Therefore you dont have to be worried about any such claim because the court itself will not entertain any such claim at this stage.
Already adviced
1. No member except son has right on land in this.
2. See no additional document is required as proper deed is registered.
Once family settlement is done through Family Partition Deed and same is duly stamped and registered it is binding on the parties to the Conveyance.
As apprehended by you, i.e., now or later on cannot claim the land.
Already seven years time has lapsed from date of partition deed i.e., from 2012, it will be barred by limitation.
If partition deed is duly stamped and registered then no party can claim others share through partition suit.
Dear Lawer Sirs & Lawer Madams, For the above said question scenario is the registered family partition done in year 2012 is enough in the view of 2005 Hindu succession amendment act coparcenory property point of view also? -------------------------------------------------------------------------------------------- The Father A got the coparcenory ancestral land property through his father. Prior to the partition the said three members commonly using the properties. Then in 2012 all the said three members agreed and executed and registered the family partition deed. --------------------------------------------------------------------------------------------------- The three Parties in the Family partition deed. 1. Father-A ( he got the ancestral coparcenary property through his father ) 2. B is Daughter of A. 3. C is Son of A. --------------------------------------------------------------------------------------------------- As per the family partition deed agreed by the parties as: The Father A got amount from family common cash rupees : 30000 (Thirty thousand rupees) The Daughter B got amount from family common cash rupees : 40000 (Fourty thousand rupees) The Son C got Land, The land value is rupees:900000 ( Nine Lakhs rupees) All the there parties agreed and signed executed and registered the family partition deed in year 2012. ------------------------------------------------------------------------------------------------------------------- Question: 1. Said registered family partition done in year 2012 is enough in the view of 2005 Hindu succession amendment act coparcenory property point of view also? 2. OR any of the party in the family partition deed can claim in the land now or later? 3. And for this any additional deed must to execute among the three members ? 4. If must to execute any additional document please tell what document is must to execute newly? Please provide the clarification without ambiguity.
Asked 6 years ago
Deed of family partition is binding upon parties
2) land cannot be claimed later
3) no need to execute any other document
1. The law will succeed which says that women have equal rights in property with men.
2.The above law as per 2018 judgement of supreme Court will prevail
If the settlement had taken place before 20.12.2004 , this shall remain valid for all purposes. The 2005 amendment shall not have any effect to such disposition made before that date.
Settlement deed must be signed by all coparcener including daughter if any to be valid in law.
1. This will not come under the ancestral property category at all, however since ther had been a registered partition deed, and moreover the parties to the partition have not disputed about their respective share in the property either by kind or cash for more than three years as on this date, the partition deed cannot be challenged at this stage for any reason specially in respect of the property which is main subject of this partition deed.
2. If there are any other property other than the one now partitioned among the parties, which were not included in this and the parties to this partition would like to claim a share in the newly found property then they can claim their legitimate share in it but not in this property which has been duly partitioned.
3. Not necessary.
4. Not necessary
1. Yes since the daughter has given up her share in her on its enough.
2. No party to the partition deed can make claim on the land.
3. See since partition deed is executed no additional deed is required for same.