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.
A.Unilaterally you cannot cancel the partition deed and you will require the consent of all the parties to cancel the partition deed which seems to be impossible. So, what can you do now? You can can challenge that partition deed in a court of law stating that it was done fraudulently and then you may have some success.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
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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A.Hi,
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
A.Aap sirf recovery ke liye jaa sakte hai.
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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