Response

In the present circumstances, the complainant might be favoured in the court since while a partition deed might be challenged, the same must have sufficient grounds for relief in such a challenge. In refusing a legal heir of ancestral property, the consent of the legal heir is required since they are a coparcener. However, since the opposing party has not questioned the registered deed for years, his challenge might not be tolerated by a court. Especially since, as mentioned in the facts of the case, he was a major at the time of the drafting and registeration of the partition deed. If he was aware at the time of drafting and registeration of the partition of its contents and conditions, the case is futher in favour of the complainant since, presumably, no objections were raised during the same.

A partition deed for a property is executed to divide the property among different people – usually among the family members. A partition is a division of a property held jointly by several persons, so that each person gets a share and becomes the owner of the share allotted to him. A deed of partition cannot be done for cash, only for property. Therefore, if the deed has been registered, then it is a valid partition deed. Moreover, the conditions of a partition deed are set by the property owners, and the shares, if so agreed by the participating parties, need not be equal. Therefore, this shall not be grounds for a challenge of a partition deed.

Stay order or temporary injunction may be granted by court as per Order 39 of CPC, where property under question is being damaged or alienated or has been wrongfully sold or in other cases where opposite party is threatening to dispose of property or property is under dispute. Such an order may only be given by court on sufficient grounds, and a compelling case.

Each divided property gets a new title and each sharer gives up his interest in the property in favour of other sharers.

Therefore, partition is a combination of surrender and transfer of certain rights in the estate except those which are easement in nature.

The transferee can then further deal with the property in any manner as he may so desire. He can sell, transfer, exchange , or gift the property as its absolute owner.

Reference: Article 65 of The Limitation Act 1963 prescribes a time period of 12 years within which a person may file a suit for partition.
The Partition Act, 1893 Section 2

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LAWAYZ-2023-655