I settled my housing property in favour of my brother. Since, now I am in need of some property security, can it be partitioned through a deed, similar to settlement deed.
GSankarraman 23 December 2021
I settled my housing property in favour of my brother. Since, now I am in need of some property security, can it be partitioned through a deed, similar to settlement deed.
Advocate Bhartesh goyal (advocate) 23 December 2021
Yes,if you and your brother are agree for partition of properties then it can be done through registered partition deed.
Anaita Vas 23 December 2021
A suit for partition can be filed however there has to be sufficient proof that you are in need of money at the time of signing the deed and it is not a mere saying. The courts these days are coming down heavily on false claims in suits on oath.
You can apply for partition if the consent of your brother is obtained under normal circumstances and not under fraud or coercion. If your brother agrees for a partition deed, you can go ahead and file one.
Regards,
Anaita Vas
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