Modification and rectification of partition deed
Advocate B. M.
(Querist) 29 March 2013
This query is : Resolved
Experts kindly advise :
A Partition Deed on ancestral property is prepared in 1993 and not signed by all the parties then being registered and then again few parties sign the deed in 1994 and have it registered, although some signatories are still left to sign the deed. Some assignments have been made therein with regard to the co-parcenors who have not signed the document do date. Also certain events that transpired after the document was so registered in 1993, therefore some signatories therein have suffered, so can this partition deed be modified only by the concerned parties ie. the parties who suffered, and the parties who have not signed the document, along with the main beneficiary in the document? Can this Partition deed be modified by these concerned parties only. All the rest of signatories who have signed in 1993 and 1994 have released their rights to the main beneficiary. What is the legal viability of such a modification? Is there any other way out? The number of co-parcenors are too many and spread all over the world and therefore difficult to bring to a consensus even for a formality of a signature. Please advise.
Thanx.
Devajyoti Barman
(Expert) 30 March 2013
A fresh partition deed may ne executed and registered. There is no need for modification of earlier deed as it would amount of many complications.
prabhakar singh
(Expert) 30 March 2013
No partition can ever be legally called complete unless all co/joint owners/coparceners join it.Practical difficulties is not the area of law to be addressed at individual level.Law is for all.
Raj Kumar Makkad
(Expert) 30 March 2013
There is no partition in the given sequence of the events as all parties have never been parties to the alleged partition so a fresh partition suit is liable to be filed in the given case and it is suggested that maximum shareholders should be made as petitioners so that the desired modification may practically be attained.
