Cancellation of Partition deed
1 month ago
My brother gave me GPA for executing the partition deed of inherited property . We both are joint holders of the property. However after executing the deed, he disagrees and want me cancel the deed to its original?. how do I cancell it ?
A.Dear Client,
If all parties involved in a partition deed unanimously decide to annul it, they can proceed by executing a cancellation deed. The cancellation deed should be prepared on a stamp paper of appropriate value and registered with the Sub-Registrar whose jurisdiction covers the area where the original partition deed was registered.
However, if one party is unwilling to agree to the cancellation, the other party has the option to approach a civil court for the cancellation of the deed. In such a scenario, the party seeking cancellation needs to file a lawsuit specifically for the cancellation of the partition deed. It is essential to provide sufficient evidence and grounds supporting the need for cancellation.
The court will then conduct hearings, considering the arguments and evidence presented by both parties, and make a decision accordingly. In India, challenges to property partition can be based on various grounds such as fraud, coercion, undue influence, mistakes, non-compliance with legal formalities, and others. The legal process allows for a fair resolution of disputes related to the cancellation of partition deeds.
If all parties involved in a partition deed unanimously decide to annul it, they can proceed by executing a cancellation deed. The cancellation deed should be prepared on a stamp paper of appropriate value and registered with the Sub-Registrar whose jurisdiction covers the area where the original partition deed was registered.
However, if one party is unwilling to agree to the cancellation, the other party has the option to approach a civil court for the cancellation of the deed. In such a scenario, the party seeking cancellation needs to file a lawsuit specifically for the cancellation of the partition deed. It is essential to provide sufficient evidence and grounds supporting the need for cancellation.
The court will then conduct hearings, considering the arguments and evidence presented by both parties, and make a decision accordingly. In India, challenges to property partition can be based on various grounds such as fraud, coercion, undue influence, mistakes, non-compliance with legal formalities, and others. The legal process allows for a fair resolution of disputes related to the cancellation of partition deeds.
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A.Dear Sir,
Let your brother go to Court and get cancel the partition deed. Till then you are at liberty to change the properties in your favour as per the terms of partition deed and also take further steps to gift your portion or sell your portion of properties etc.
Let your brother go to Court and get cancel the partition deed. Till then you are at liberty to change the properties in your favour as per the terms of partition deed and also take further steps to gift your portion or sell your portion of properties etc.
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A.Dear Client,
If all parties to the partition deed mutually agree to cancel the partition 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. 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 grounds of fraud, coercion, undue influence, mistakes, non-compliance with legal formalities, etc. Reach out to an Advocate for guidance and steps.
If all parties to the partition deed mutually agree to cancel the partition 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. 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 grounds of fraud, coercion, undue influence, mistakes, non-compliance with legal formalities, etc. Reach out to an Advocate for guidance and steps.
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