cancellation of registered document
Krishnamurthy
(Querist) 18 November 2009
This query is : Resolved
In November 2000, a Partition (Family settlement) deed was registered at Chennai for a house,the value of which was mentioned as Rs. 1,04,00,000 (Rupees one crore and four lakhs).
It has been mentioned in the deed that the above house had to go to the son and his widowed mother and 4 sisters were given each Rs 2 lakhs in cash, (totalling Rs 10 lakhs put together for these 5 persons)from the common family fund.
But actually the said consideration amount of of Rs 10 lakhs was not paid to them.
Because of the confidence and trust these 5 persons had on the son,they had signed in the document
Kindly advise whether,
1)these 5 persons can go to the court telling the truth of being not paid the consideration amount for cancelling the registered deed? If so, what is the procedure to cancel the document?
2)whether it could be legally possible to pay in cash Rs 10 lakhs?
3)there could not be accountability for the source of Rs 10 lakhs?
Adv Archana Deshmukh
(Expert) 18 November 2009
They can file a suit u/s. 31 of the specific relief act for cancellation of the said partition deed mentioning the reasons thereof.
Raj Kumar Makkad
(Expert) 18 November 2009
Definitely, as the terms of the deed have not been complied, it can be agitated before civil court under section 31 of specific relief act seeking only performance of part of of the defendants rather seeking cancellation of the deed as it shall require court fee on the valuation of the deed means more than Rs. 1 crore whereas they would have to file court fee only on Rs. 10 lakh matter.
niranjan
(Expert) 18 November 2009
Prasctical and reasonable approach to the problem by Makkadsir.
Krishnamurthy
(Querist) 19 November 2009
Thanks for Ms.Archana, Mr.Rajkumar Makkad and Mr.Niranjan for valuable advices.
Since the market value of the property has increased many folds in the past 9 years, none of these 5 family members are interested for getting the consideration of Rs 2 lakhs each. They feel that by making the deed void, can enter into a fresh settlement.
Also please advise whether the court will accept payment of Rs 10 lakhs in cash without asking the source of that much amount and seeking for its accountability, etc.
Krishnamurthy
(Querist) 20 November 2009
Further to my message, I wish to inform that the said house property was bulit on the plot purchased by the grand father of these son and the daughters and registered in the name of their father.( As such,we have to consider that the property is self acquired property of their father)
The four daughters have their children and 2 of them were majors ( one was 18+ and another was 23+)as on Nov, 2000 at the time of family settlement deed was registered. The other 3 children of them were minors at that time.
These 2 major children have not signed in that document as well as no guardians of the other 3 minor children also signed. Since the property was owned by the grand father of these 5 children, is it enough if their mothers only signed? ( Will the legal Heirs end with their mothers since they are women?)
Adv Archana Deshmukh
(Expert) 21 November 2009
When the daughters are alive there is no need of their children to sign the document.
Krishnamurthy
(Querist) 21 November 2009
Thanks Ms Archana.
To avoid paying huge Court fee on the value of the property, is it possible to pay the court fee on the unpaid amount of Rs 10 lakhs only and pray for cancellation of the Partition deed registered in 2000 u/s 31 of the Specific Relief act now?
