Disputing a registered partition deed
Bala
(Querist) 11 August 2015
This query is : Resolved
We are 3 brothers and 3 sisters. The three storied house which we lived in during our early days and in the name of our father was portioned between all six siblings using a registered partition deed in the year 2006. As per the registered partition deed, each of the floors in the three storied building was portioned to each of the brothers & all three sisters were paid Rs. 10,000 each since their marriages were conducted by the joint income of all three brothers and this was called out in the partition deed. The 3 sisters were also paid rs.5,00,000 each in cash and the same is called out using an Notary signed affidavit 1 day before the partition deed was registered. This affidavit clearly says that the sisters are in receipt of Rs. 5Lakh each to relinquish their shares in the house property. The partition deed registered with all three sisters signing the deed and their respective husbands signing it as witness to the deed. The affidavit was also signed by all 3 sisters and notarized.
In the year 2011, the 3 sisters have filed a case in the high court of Chennai saying they are not aware of the partition deed and they have been duped by the brothers and took procession of the house property without their knowledge. They are claiming innocence of the partition deed saying that the deed was prepared for Mortgage purpose and they were not aware that it is for partition. All 3 sisters are educated and their respective husbands are also well educated. Can they claim any ownership of the house property after having wilfully executing a registered partition deed in 2006? What are the chances that the court will agree to cancel the partition deed and go in their favour of re-partition the house property?
Some additional facts:
a. Even though the house was in the name of our father, we 3 brothers only contributed the finance to buy and construct the house property.
b. Both our parents are deceased as of 1999.
c. 2 of my sisters were married before 1984 and third was married in 1993.
d. After the partition deed one of the brothers even sold his house share to another buyer who is now living with his family. The case is foisted against the buyer as well citing the partition was not valid so is the sale deed from the third brother to the buyer.
Kumar Doab
(Expert) 11 August 2015
Was it self acquired property of father?
Which is your personal faith e.g Hindu?
To register the partition deed the sisters and brothers in law must have appeared in person before SRO.
Rajendra K Goyal
(Expert) 12 August 2015
From the given facts it appears that the sisters have weak case in their favor. However, without referring full case file, nothing concrete can be advised.
Bala
(Querist) 12 August 2015
Thanks for your prompt and quick reply sir. I am sharing additional details as requested.
The house property was bought in our father's name thru the joint income from the tailoring shop run by our Father and 2 elder brothers. Its not an ancestral property.
We are Hindu's by religion.
All 3 sisters and their respective husbands had come to the SRO office and signed the partition deed (husbands as witness and sisters are parties to the deed).
Kumar Doab
(Expert) 12 August 2015
The registration document must be having the photographs of everyone including witnesses, and their ID's must have been produced.
They are not denying to have stood for registration. They are feigning ignorance that they were not aware that they are standing for partition deed.
The succession has opened in 1999.
It shall be appropriate to show the case file to able lawyer dealing in family/civil matters, and well versed with local laws.
T. Kalaiselvan, Advocate
(Expert) 18 August 2015
It was a mistake that the amount was given to them on a notarised stamp paper instead of including the same in the registered partition deed, which could have supported the deed very well thereby leaving them with no option.
Now You have no other go than to challenge the suit on the basis of merits in your side.
