Can Registered Partition Deed Be Challenged?​

Dividing common family assets or co-owned property is a serious life event, usually triggered by the execution of a Partition Deed. When the Partition Deed has been registered in accordance with the appropriate laws, it gives the deed a certain degree of legal sanctity and a public record. The registered Partition Deed is often challenged in a court of law, and the question often arises: is a registered partition deed subject to challenge? The answer is complicated; while on face value it may seem simple, it requires consideration of property law, the grounds for a challenge, and the processes involved.

In this article, you will get to know about:

• A registered Partition Deed.
• Situations in which a registered Partition Deed can be challenged.
• Relevant FAQs.

What Is A Registered Partition Deed?

A registered partition deed is a legally binding document, officially recorded with the relevant government authorities, that formalizes the division of joint property among its co-owners, clearly outlining the specific shares and rights allocated to each.

Explanation of What Constitutes A Registered Partition Deed

A Partition Deed is a legal instrument that formalizes the division of an estate (whether ancestral or co-acquired) jointly owned by the parties who are normally family members. It provides an accurate description of the property portions allocated to each person, with the individual rights and liabilities attached to that share. This document automatically liquidates the joint ownership and develops into separate individual ownership.

Legal Significance of Registration Under the Registration Act, 1908

A Partition Deed does not have to be registered under the Registration Act, 1908 to be valid; however, there are many benefits associated with registration. Section 17(1)(b) of the Registration Act states that non-testamentary instruments which purport or operate to create, declare, assign, limit or extinguish any right, title or interest, vested or contingent, to or in any immovable property must be registered. A partition could be done orally, but a partition deed that is written and registered is proof of the partition.

The registration process is to take the Partition Deed, which has been duly executed, to the Sub-Registrar of Assurances in the jurisdiction where the property is located. The Sub-Registrar must confirm the identities of the executants, stamp in accordance with the Indian Stamp Act, 1899 (as applicable in the state), and register the deed in public records.

Evidentiary Value of a Registered Partition Deed in Court

Under the Indian Evidence Act, 1872, a registered Partition Deed has great value as evidence in a court of law. According to Section 35, entries in a public record made by a public servant in the course of their official duty are relevant facts. The registered deed is prima facie evidence of the fact of the partition, the shares allotted, and the particulars agreed upon by the parties. To disprove the contents of a registered document, the burden of proof is much greater than an unregistered document. The court will presume a registered document is genuine unless the contrary is proved by substantial evidence.

Is It Possible To Challenge A Registered Partition Deed?

Yes, a registered partition deed can indeed be challenged in court. Registration provides a strong presumption of validity, but the deed is not immune from legal challenge. However, the grounds for such a challenge are limited, and the burden of proof of a claim to render void or otherwise invalidate a document that has been registered in public records is heavy. Courts generally respect the integrity of registered documents unless a compelling case is made for legal reasons why the document should be found invalid.

Grounds On Which A Registered Partition Deed Can Be Challenged

Challenging a registered partition deed is not a simple process and requires demonstrating valid legal grounds.

Fraud or Misrepresentation

The Partition Deed can be challenged if it can be proved that it was executed based on fraudulent information or misrepresentation of facts by one or more of the parties. For example, if one party concealed material facts about the property that would have been important in partitioning the property, these acts of concealment could attract the application of Section 17 of the Indian Contract Act, 1872 (which defines fraud), and the deed could be declared void.

Coercion or Undue Influence

The free will and consent of all involved parties are requirements for a partition to be valid. If it is established that one or more of the parties were either coerced or otherwise unduly influenced into signing the deed against their free will, it is possible that the deed can be contested under the provisions outlined in Sections 15 and 16 of the Indian Contract Act, 1872. This may involve intimidation, emotional coercion, or taking advantage of a superior bargaining position to gain consent.

Also Read : What Is Coercion In Business Law?

Lack of Free Consent

If it could be proven that the consent from one of the parties towards the partition deed was not free, then it could be challenged, since according to section 14 of the Indian Contract Act, 1872. Consent is not called free if it is given under coercion, mistake, or misrepresentation.

Mistake

In case a partition deed was executed under mutual mistake of fact which was essential for the agreement (for instance, misunderstanding about the ownership or existence of a property), the deed would be voidable under Section 20 of the Indian Contract Act, 1872.

Non-Compliance with Legal Formalities

Although registration suggests compliance, a challenge may be justifiable if some of the basic procedural steps have been omitted, e.g., improper attestation of witnesses where the law required for certain transfers of property, or an inadequately stamped deed per the Indian Stamp Act, 1899 (although in some situations this may only mean the deed is not ineffective, rather the party responsible may become liable for penalties).

Exclusion of Necessary Parties

A valid partition deed must include all parties with a valid right and interest in the subject property. If necessary parties (e.g., legal heirs entitled to a share of the property) would be excluded from the partition without consideration or consent, they are permitted to challenge the partition deed following the written agreement. Though the excluded parties do not lose their rights in the subject property from their unknowing or unconsented partition.

Inclusion of Illegal Property Claims

Since the partition deed includes properties or shares not legally owned by the family or based on illegal claims, the validity of that deed with reference to those illegal claims can be put in question.

Violation of Inheritance Laws

The partition can be contested by persons whose rights are being adversely affected, if it were to be conducted in a manner violating the applicable laws of inheritance (Hindu Succession Act, 1956, the Indian Succession Act, 1925), especially in relation to the share of legal heirs. For example, if the share of a male coparcener in a partition was distributed without taking into account the rights of female heirs under the amended Hindu Succession Act, 2005, such a partition can be challenged.

Unfair or Disproportionate Distribution

Courts usually honor the parties' agreement in partition matters unless the distribution is so unfair that it may be set aside on some grounds, such as fraud, coercion, or undue influence. These grounds may justify challenging the deed. Simply claiming dissatisfaction with the share may not, by itself, ordinarily suffice unless coupled with evidence amounting to wrongdoing.

Who Can Challenge A Registered Partition Deed?

Generally, the following individuals have the locus standi (the right to bring an action) to challenge a registered partition deed:

• Any party to the partition deed: If they were lied to, forced, coerced, unduly influenced, or mistakes were made when the deed was executed.
• Legal heirs who were excluded from the partition: They had a legal right to share in the property, but were not provided for in the partition process.
• Individuals with a pre-existing right or interest in the property: If their rights are negatively (legally) impacted by the partition deed.
• In some cases, even subsequent legal heirs: If the partition is found to be fundamentally flawed and illegal as per inheritance laws, future generations who would have had an equal right to the property may potentially challenge it.

Procedure To Challenge A Registered Partition Deed

1. Consult with a Lawyer: The first and most important aspect is to get an experienced property lawyer to evaluate the merits of your case concerning the specific factual scenario and evidence you have.
2. File a Suit in the Appropriate Court: On the recommendation of a lawyer, it is necessary for you to file a civil suit in a court having jurisdiction over the property. Such jurisdiction normally lies with the court of a Senior Civil Judge or in the District Court.
3. Draft the Plaint: After you file the suit, the court sends out summons to the other people named in the partition deed (the defendants). These summons tell them to show up in court and submit their written response to your claims.
4. Filing of Written Statement: The defendants will file their written statement outlining their defence to the plaintiff's claim in the plaint, and defence to the objections made by the plaintiff against the registered partition deed acknowledgement.
5. Serve Summons to the Defendants: After you file the suit, the court will issue a summons to the other parties mentioned in the partition deed, which are called the defendants, requiring them to appear in court and file their written statement for the claims you made in your suit.
6. Replication (if desired): The plaintiff (the party challenging the Deed) may file a "replication" to the written statement in order to respond to any new arguments made by the defendants in their written statement.
7. Framing of Issues: The court will frame the issues to be decided based on the pleadings, and in this case, will be the plaint and written statement.
8. Evidence: The plaintiff and defendants will give their evidence, which will include documents, oral witness evidence, and expert evidence. The registered partition deed will be evidence in the court proceeding.
9. Arguments: After the evidence is called, both the plaintiff and the defendants will summon their legal arguments based on the evidence and the law.
10. Judgment: The court will then deliver its judgment and the Court will either uphold the registered partition deed is valid or set it aside, either wholly or partially, if the plaintiff can prove the ground/s of the challenge.

Also Read : Partition Deed Between Brothers And Sisters​

Time Limitations

Under the Limitation Act, 1963, a suit to challenge a registered partition deed must be filed within a specific period or designated limitation period. The limitation period varies depending on the grounds for the challenge. For example, if the challenge is based on fraud, the limitation period may be different if the challenge is based on the exclusion of a legal heir. Usually, the limitation period in order to challenge a registered document is longer than the limitation period to challenge an unregistered document. It is very important to check with a lawyer on the limitation period in your case, since delays can lead to a time-barred suit being dismissed.

Risk Of Challenging The Registered Partition Deed

Challenging a registered partition deed involves certain risks:

• High Burden of Proof: As registered documents have a presumption of validity, the burden of proving the grounds for challenge is higher. You will need strong and credible evidence in order to convince the court to set it aside.
• Costly and Time-Consuming Litigation: Legal action is expensive, it can go on for years and, depending on your legal fees and court costs, can cost you out of your own personal time.
• Uncertain Outcome: There is no guarantee that you are going to be successful in challenging the registered deed, and the court may ultimately confirm its validity.
• Strained Family Relationships: Acting legally against family members can cause even more strain in an already tense family relationship, leading to longer-lasting animosity.

Landmark Judgments

A few such judgements are:

Mudigowda Gowdappa Sankh & Ors vs Ramchandra Ravagowda Sankh & Anr

The Supreme Court held that a registered partition deed is a formal document, having presumptive validity; however, that presumption can be rebutted if it is shown that the deed was a sham or a nominal transaction that was never intended to be acted upon, or if the deed was brought into being by fraud or misrepresentation. This onus very heavily lies upon the person contesting the deed.

Kaveri vs. Anandayee & Ors.

Madras High Court, referring to a previous judgment of the Supreme Court, stated that once a partition deed, whether registered or unregistered, is executed and registered, it has legal sanctity and can only be set aside by a competent civil court in a properly instituted suit. The grounds to challenge such a deed will generally relate to fraud, misrepresentation, undue influence, or if the deed was not acted upon by the parties. It is important to note that the person challenging the registered partition deed carries the onus of proving the allegations.

Conclusion

Although a registered partition deed has substantial legal weight and is considered prima facie evidence of partitioned property, it can still be legally challenged. If there are valid arguments like fraud, coercion, lack of free consent, omission of parties necessary for the partition to be valid, or breach of statutory rules governing a pattern of inheritance, an affected party can apply to the court for annulment of the deed or entrust the court to make a new partition. However, challenging a registered deed is a complicated legal process and may involve a high burden of proof, risk, and expense.

FAQs

A few FAQs are:

Q1. Can a registered partition deed be challenged in court?

Yes, a registered partition deed can be challenged in a court of law, but only on specific legal grounds such as fraud, coercion, lack of free consent, mistake, exclusion of necessary parties, or violation of inheritance laws. The burden of proof to overturn a registered document is high.

Q2. What makes a registered partition deed legally strong?

Registration under the Registration Act, 1908, provides a strong presumption of validity and serves as public record. It has significant evidentiary value under the Indian Evidence Act, 1872, making it harder to dispute its contents in court.

Q3. What are the common grounds for challenging a registered partition deed?

Common grounds include fraud or misrepresentation, coercion or undue influence, lack of free consent, mistake of fact, non-compliance with essential legal formalities, exclusion of necessary parties, and violation of applicable inheritance laws.

Q4. Who has the right to challenge a registered partition deed?

Generally, parties to the deed who were aggrieved, legal heirs who were excluded from the partition, or individuals with a pre-existing right or interest in the property can challenge a registered partition deed.

Disclaimer: The information provided here is for general informational purposes only and should not be construed as legal advice. For personalized legal guidance, please consult with a qualified Civil lawyer.