• Partition deed based on condition

Hello,
There was a will prepared by my grand mother to my dad for an ancestral property , but being the will is very old and lot of partial information as well as grand mother is no more , with concensus from his elder borthers and sister , he got same property registered as per partition deed signed by elder brothers & sisters consensus..

But during the consensus discussion, one of the elder brother demanded a portion of the property and got it signed by my dad in a separate stamp paper...(under pressure my dad has to sign as it was last minute turn of events at registartion office )
But only the size of the property is in the agreement, not mentioned which side of the property etc..

Now my dad is no more and elder brother demanding his portion..
is there a way to nullify his demand ?
Asked 9 months ago in Property Law
Religion: Hindu

3 answers received in 10 minutes.

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8 Answers

Dear client,  

Potentially Challenging the Demand:

There might be grounds to challenge your uncle's demand depending on the specifics of the situation. Here are some factors to consider:

Content of the Partition Deed: A well-drafted partition deed should clearly outline the specific portions allocated to each beneficiary. If the deed clearly assigns the property to your father, it strengthens your case.
Pressure to Sign Separate Agreement: If your father signed the separate agreement under duress, this could be argued in court. Evidence supporting this claim would be helpful.
Validity of Separate Agreement: Without details of the agreement, it's hard to say for sure. An agreement lacking specifics like the property's designated portion might be deemed unenforceable.

Anik Miu
Advocate, Bangalore
10285 Answers
121 Consultations

That document is not registered

 

un registered document is in admissible in evidence 

 

refuse to bow down to uncle demands 

Ajay Sethi
Advocate, Mumbai
97220 Answers
7850 Consultations

  1. As per the information mentioned in the above query, makes it clear that there has already been a partitioned of the subject property as per the partition deed.
  2. The question of the person demanding his share now, stands obsolete as per the law of limitation.
  3. Even if the goes by the paper then also there is very less chances to prove that the same is been signed by your father as it has not been registered, and now your father is no more.
  4. Rest, you are free to contact me at any time for further discussion in the present matter as stated above.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

 If you can prove beyond doubt that your deceased father had signed the registered document in favour of his brother under duress, coercion and/or threat, then you can file in the jurisdictional Court for cancellation of the deed and restoring the property to the legal heirs of your deceased father.

Shashidhar S. Sastry
Advocate, Bangalore
5424 Answers
330 Consultations

You need to prove that he signed in coercion pressure by filing suit 

Prashant Nayak
Advocate, Mumbai
32660 Answers
206 Consultations

The registered partition deed without the mention about the schedule of property may not entitle the title holder to acquire the property.

Hence he has to get a registered rectification deed to rectify the mistake 

T Kalaiselvan
Advocate, Vellore
87420 Answers
2348 Consultations

- As per law, a settlement /Partition deed can become void if any of the requirements are not met, and further an unregistered Partition deed is not valid ,

- If your father had signed only on stamp paper , then it cannot be treated as valid deed. 

Mohammed Shahzad
Advocate, Delhi
14641 Answers
224 Consultations

Show partition deed !

Yogendra Singh Rajawat
Advocate, Jaipur
23004 Answers
31 Consultations

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