Cancellation of partition deed
2 years ago
We brothers have entered into an partition deed for our ancestral property in Delhi in the year 2020 . As they wanted to stay over there thus they gave me my share of the property by giving part payment and some Pdcs for the balance. My elder brother son has given me two cheques on behalf of his father and those cheques are mentioned in the partition deed . One of his cheques has become stale as I had deposited it in the bank in the last moment & the second cheque when deposited came back with stop payment memo. The brothers have also signed affidavits for taking care of our mother at the time of signing of partition deed but are not fulfilling their commitment. My query is that how can I recover my money and can the partition deed be cancelled and the time taken.
You can file cheque bounce.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
You can cancel the partition deed if any fraud has been committed. You can approach the court for cancellation of the partition deed by filing a suit before the court. You can also file a recovery suit to recover your money.
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If the partition deed was not registered, then you can very well withdraw your consent and cancel the deed. You can file a recovery suit in the court to recover your money. Time taken is subjective and it can vary a lot. If the deed was registered, then you will have to approach the court and challenge the partition as the conditions were not fulfilled as per the deed and fraud was committed upon you.
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Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
Rahi partition deed ko challenge karne ki aap usko kar sakte ho. But time ka koi limit nhi hhai.But safalta ki ummid kam hai.
Recovery is best option for you.
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