Bala
11 August 2015 at 18:09
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.
Disputing a registered partition deed
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.