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Cancellation of Partition Deed
9 months ago
We are three brothers and we have registered the partition deed by registry office and paid the stamp fee for the same. Unfortunately, one plot number has be mentioned wrongly in partition deed. While contacting the Registrar office regarding rectification, the Registry office is asking to pay the same stamp value amount which i paid at the time of registration of deed. I wanted to know that, is there any procedure for cancellation of the registered deed by the mutual consent of all parties involved in registered deed. How much fees will be required to be paid in registry office? Or should we move to the court for cancellation of the registered deed? How much time Court will take for the same?
A.Dear Client,
Once a deed or document is registered under the Registration Act, the Registering Authority cannot cancel the said deed in the absence of a Courts Order. Both for the partition of property and cancellation of a deed of partition, a court order is required. On receipt of the Court's order allowing your prayer for cancellation of the earlier deed and after informing the same to the registering authority, you need to register a fresh deed of partition correcting the anomalies/discrepancies in the deed paying again the stamp duty and registration fees, Consult with an Advocate for guidance and steps.
Once a deed or document is registered under the Registration Act, the Registering Authority cannot cancel the said deed in the absence of a Courts Order. Both for the partition of property and cancellation of a deed of partition, a court order is required. On receipt of the Court's order allowing your prayer for cancellation of the earlier deed and after informing the same to the registering authority, you need to register a fresh deed of partition correcting the anomalies/discrepancies in the deed paying again the stamp duty and registration fees, Consult with an Advocate for guidance and steps.
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A.Dear Client,
The procedure for cancelling a registered partition deed is as follows:
Mutual Agreement: If all parties to the partition deed are willing to cancel the 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.
Court Order: 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 following grounds:
- Fraud: If a partition was obtained through fraud or misrepresentation, it can be challenged in court. For example, if one of the parties was induced to sign the partition deed based on false information, the partition can be challenged.
- Coercion: If a partition was obtained through coercion or undue influence, it can be challenged in court. For example, if one of the parties was threatened or forced to sign the partition deed, the partition can be challenged.
- Undue influence: If a partition was obtained through undue influence, it can be challenged in court. Undue influence refers to a situation where one party has a dominant position over the other party and uses that position to influence the other party's decision-making.
- Mistake: If a partition was made based on a mistake of fact or law, it can be challenged in court. For example, if the parties were mistaken about the ownership of a property and based their partition on that mistake, the partition can be challenged.
- Non-compliance with legal formalities: If a partition was not executed in compliance with the legal formalities, it can be challenged in court. For example, if the partition deed was not executed on a stamp paper of adequate value or was not registered with the appropriate authority, the partition can be challenged.
Notice to Concerned Parties: If the court orders the cancellation of the partition deed, then notice of the cancellation should be given to all the parties concerned, including the Sub-Registrar in whose jurisdiction the original partition deed was registered.
Cancellation Endorsement: Upon receipt of the notice of cancellation, the Sub-Registrar will make an endorsement on the original partition deed that the deed has been cancelled. The cancellation endorsement will be signed by the Sub-Registrar of Assurances and attested by two witnesses.
The procedure for cancelling a registered partition deed is as follows:
Mutual Agreement: If all parties to the partition deed are willing to cancel the 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.
Court Order: 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 following grounds:
- Fraud: If a partition was obtained through fraud or misrepresentation, it can be challenged in court. For example, if one of the parties was induced to sign the partition deed based on false information, the partition can be challenged.
- Coercion: If a partition was obtained through coercion or undue influence, it can be challenged in court. For example, if one of the parties was threatened or forced to sign the partition deed, the partition can be challenged.
- Undue influence: If a partition was obtained through undue influence, it can be challenged in court. Undue influence refers to a situation where one party has a dominant position over the other party and uses that position to influence the other party's decision-making.
- Mistake: If a partition was made based on a mistake of fact or law, it can be challenged in court. For example, if the parties were mistaken about the ownership of a property and based their partition on that mistake, the partition can be challenged.
- Non-compliance with legal formalities: If a partition was not executed in compliance with the legal formalities, it can be challenged in court. For example, if the partition deed was not executed on a stamp paper of adequate value or was not registered with the appropriate authority, the partition can be challenged.
Notice to Concerned Parties: If the court orders the cancellation of the partition deed, then notice of the cancellation should be given to all the parties concerned, including the Sub-Registrar in whose jurisdiction the original partition deed was registered.
Cancellation Endorsement: Upon receipt of the notice of cancellation, the Sub-Registrar will make an endorsement on the original partition deed that the deed has been cancelled. The cancellation endorsement will be signed by the Sub-Registrar of Assurances and attested by two witnesses.
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