Partition Deed

Partition deed not compulsory to be registered.  But it is advisable to register it  as you say " it gives notice of the partition to everyone and the title is better protected."

senirio 1: If one of the parties of notaries memorandum oral partition deed objects that fair and equal/balance partition was not taken place,  then on what ground court can cancel aforesaid partition?

Well, if the oral partition has not been done fairly or in a balanced way, then the court can declare that the partition done as invalid or if the objectors claim that there is no fair share in the partition and seek partition through court,  the court can order partition.

senirio 2: M and N are blood brother and a notrised partition deed has been carried out among themself. N within limitation period files a suit that equal and fair partition was not made and on that ground notrised partition deed should be cancelled. M tries to show to court (Acted upon) that partition was made and i am enjoying my part from said notrised partition deed. Mutation entries has not been changed and properties stand in name of M and N.

1 Can M ask court to comple N to pay half the amount and completed partition deed by proper registration?

2 Can court treat notrised partition deed null and void and ask parties to do equal partition among themself?

Notarised deed is as good as a registered deed.  Hence the notarised partition deed is valid and cannot be easily questioned or challenged by N. 

M has every right to compel N to effect partition based on the above notarised deed and the court would certainly help the case of M on this.  The notarised partition is valid and as N has signed it knowingly well the contents (terms and share of partition) and now N cannot challenge / deny the deed as Law of Estoppel applies.   

M can file a suit compelling N to register partition based on the notarised deed and M will ultimately succeed.

If N takes a stance that he was made to sign the document under coercion and that is why he has got only 1/4 of ancestral property and M has got 3/4 of ancestral property even when both are blood brother.

Law of Estoppel applies to financial instrument not for immovable properties

If I am not wrong it applies for following

promissory note,  bill of exchange or cheque

and not for partition deed where subject matter is immovable property(land).

As regards your first query about 1/4th and 3/4th share, it would be the burden of proof on the part of N to allege and prove coercion.  Legally speaking, it is very difficult to prove coercion in courts.  So N has got weakcase and the allegation of coercion will not stand successfully.  Even otherwise if N challenges the notarised partition deed as null and void it still would be a burden on the part of N to prove that the notarised deed is executed under coercion. Hence M has a stronger case.

Secondly assuming law of estoppel does not apply for partition deed, courts of law does not permit a person to deny or challenge the document which he has signed with full conscience of the terms and conditions and its consequences.  One cannot approbate and reprobate.  Hence N cannot approbate and reprobate.  

Hi,

My grandfather has executed a partition deed (between his 4 sons) which is unregistered in the year 1984 and he is no more.  My elder uncle has not signed the partition deed where as he has acknowledged the same by inititaling on the margins.

Pl find attached the deed for your reference. 

We have a civil suit pending in the lower court and the judge refused to mark the partition deed as it is not registered.  Not knowing what to do my advocate is just dragging it on.  Pl suggest what should be the procedure to get our share legally. 

thx