A.
Dear Client,
After the commercial property has been assigned in your name under a partition deed It is legal and valid document provided therefore your mother cannot withdraw or reclaim the said property without good reason. It is signed for the purpose of partition whereby the co-owners such as yourself, your mother, and your brother divide the properties according to the terms of the agreement. According to the provision of the Transfer of Property Act of 1882 and the Indian Registration Act 1908 a partition deed that is dully registered can be acted upon.
Your mother should have lawful causes to reconsider the partition deed and this mainly include fraud, coercion, or incapacity at the time of signing the deed. Otherwise, she cannot just cancel the agreement on her own. If she thinks that there are grounds that can validly challenge the partition then she can file a writ petition in the civil court to set aside the partition deed. Thus, it would be wise for her to consult a lawyer who deals with property law in to deal with legal documents and further proceedings.
Hope this advice resolves your dispute.
Posted On 05-Aug-2024
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