Response

A registered partition deed can’t be cancelled. You have failed to mention under what occasions the partition deed came to an end and why you need to cancel the Partition.

However the primary solution on your query is ; No you can’t cancel Partition deed . However you may seek an declaration via filing a suit stating partition is a result of fraud. For declaration you want to document a suit before Court having competent jurisdiction.

If your brother has cheated you into signing the deed, file a cheating case against him. it is criminal in nature
Ingredients of cheating are the accused should deceive another person and the person deceived should be forced to deliver any property to any person and further should be intentionally forced to do that activity.
Cheating has an element of dishonest intention from the start. When the accused party makes false representation to you so as to gain profit, the intention to honour the promise while making false representation is assumed to be absent.

The offence of cheating does not require the person who is being cheated to do an activity. Although there is an absence of dishonest inducement, it is enough to constitute the offence of cheating

Reference: Indian Penal Code, 1860

The Partition Act, 1893 – 202100262-20210004-798 – AHG196 – 202100580 – 105 – 156- 202100262-20210004-798-NEW195

LAWAYZ-2023-292