Hrishikesh Karhu (Asst Manager) 21 January 2014

Can a registered partition deed be revoked?

We are Three Siblings i.e myself and my two sisters, both are younger to me.The youngest one is unmarried.Our Father left us his self acquired property and he died intestate, leaving our mother,me and my two sisters.

We executed a registered partition deed in the year 1985 in order to give a right to construct a floor each to both the sisters on the existing construction.The younger one constructed the first floor and the youngest constructed the second floor.Thus, four Undivided Shares created one of my mother,One of mine and two of my sisters with a right to stay on first and second floor respectively.Upon death of my mother, her share automatically got transferred in my name as mentioned in the partition deed.This was way before December 20, 2004 and September 2005(amendment) in Hindu Succession Act, 1956.The property was partitioned in good faith because we were having very good and cordial relationship with each other.

The Hindu Succession (Amendment) Act, 2005 does not apply in our case with reference to sub section 5 of section 6 of the act.

My younger sister who is married never stayed on the first floor and let out the first floor since inception to till date and the youngest one had filed four cases against me which she lost hands down for additional construction on the same property.

I do not share cordial relations now with both my sisters because of litigations i have to face due to them.I have recently served a notice to my younger sister in the wake of renting out her property once again to unreasonable persons causing nuisance to my family.I stay in the same building on the ground floor with first floor vacant and youngest sister lives on the second floor.

Now, I humbly request to all eminent lawyers/experts to guide me in getting rid out of the problems created by my sisters.My questions are :-

1) Can i revoked the registered partition deed so as to enable me to get all the rights,share,absolute ownership over the property or Hindu Succession (Amendment) Act, 2005 will come into picture and will have share property equally with my sisters.

2) Can i developed the property by constructing an apartment through a builder and offer them a flat each/ or cash whatever they demand in compensation.

3) How do i get all the rights,shares, absolute ownership over the property because nobody can sell it as mentioned in the partition deed.It can only be transferred to one another on mutual consent.

4)Please suggest me a way out as to get the property by any other legal means.

Thank you in anticipation, Kindly help me experts am in a dire situation due to my good deeds.

Hrishikesh Karhu

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4 Replies

sridhar pasumarthy (ADVOCATE) 21 January 2014

(1) You alone cannot revoke it. In your case, you have succeeded to the estate of your father after dying intestate. So, your mother, your two sisters and you are each entitled equal share in the property left by him, as class I legal heirs. Amendment in 2005 has only impact upon coparcenary property giving equal rights to daughter but not on self acquired property.

(2) Consent of both the sisters is necessary

(3) Absolute Restraint to sell the property is not valid. At the best you can claim only right of pre-emption.

(4) Get a registered Relinquishment Deed from your two siters.

Hrishikesh Karhu (Asst Manager) 21 January 2014

Thank you very much sir for insight provided by you. I wanted to know is there any way out through which i can alone take over the property because they will not sign on any of the documents or will give consent to any proposal forwarded by me.We are not on talking terms.I need to do it all by myself.Please advise.

Hrishikesh Karhu (Asst Manager) 22 January 2014

Sir, I would like to mention here that at the time of initial construction, my father availed the loan from housing society which was paid by me later after he died, being the sole bread earner of the family.He even mentioned my name as a nominee in the aforesaid housing loan. This does not give me the full rights as the initial construction happened way back in 1956 and my father died intestate in 1976 and partition happened in 1985.I was the one being alone nominee mentioned in the housing loan document paid the loan installments all these years till partition in the year 1985. Can i now cancel the partition deed and claim for my rights in the property??? Dear Experts, Please advise suitably. Hrishikesh Karhu

Kamlesh Singh 28 September 2023

The procedure for cancelling a registered partition deed is as follows:

Mutual Agreement: If all parties to the partition deed are willing to cancel the deed, they can execute a cancellation deed. The cancellation deed should be executed on a stamp paper of adequate value and should be registered with the Sub-Registrar in whose jurisdiction the original
partition deed was registered.
Court Order: If one of the parties to the partition deed is unwilling to cancel the deed, then the other party can approach a civil court for cancellation of the deed. The party seeking cancellation of the deed should file a suit for cancellation of the partition deed and must prove that there are sufficient grounds for the cancellation of the deed. The court will hear both parties and pass an order accordingly. Partition of property can be challenged in India on the following grounds:

- Fraud: If a partition was obtained through fraud or misrepresentation, it can be challenged in court. For example, if one of the parties was induced to sign the partition deed based on false information, the partition can be challenged.

- Coercion: If a partition was obtained through coercion or undue influence, it can be challenged in court. For example, if one of the parties was threatened or forced to sign the partition deed, the partition can be challenged.
- Undue influence: If a partition was obtained through undue influence, it can be challenged in court. Undue influence refers to a situation where one party has a dominant position over the other party and uses that position to influence the other party's decision-making.
- Mistake: If a partition was made based on a mistake of fact or law, it can be challenged in court. For example, if the parties were mistaken about the ownership of a property and based their partition on that mistake, the partition can be challenged.
- Non-compliance with legal formalities: If a partition was not executed in compliance with the legal formalities, it can be challenged in court. For example, if the partition deed was not executed on a stamp paper of adequate value or was not registered with the appropriate authority, the partition can be challenged.

Notice to Concerned Parties: If the court orders the cancellation of the partition deed, then notice of the cancellation should be given to all the parties concerned, including the Sub-Registrar in whose jurisdiction the original partition deed was registered.

Cancellation Endorsement: Upon receipt of the notice of cancellation, the Sub-Registrar will make an endorsement on the original partition deed that the deed has been cancelled. The cancellation endorsement will be signed by the Sub-Registrar of Assurances and attested by two witnesses.

It is important to note that the cancellation of a partition deed can be a complex legal process, and it is advisable to consult a lawyer for specific guidance and assistance in cancelling a registered partition deed.