Yes, a partition deed can be challenged.
As long as a formal memorandum of agreement has been signed by the family members involved in the division, the partition will be legitimate. This document does not need to be registered, and an oral or verbal agreement is not valid.
The necessity for a partition deed arises when the parties to the deed want to sell or alienate their interest in the property, and they can’t do so without a partition deed. When there are disagreements over how and how a property should be split, a partition deed might be used.
A property would be split according to the law, either by a partition deed or a partition action. The necessity for the second choice comes in the event of a disagreement or when the co-owners cannot agree on the split. In this situation, a partition suit must be filed in a court of law with jurisdiction over this type of dispute.
Before one can file a suit, they will have to issue a request to all the co-owners, demanding partition. In case the parties refuse to entertain your request, you are within your legal rights to move court over the matter. Under the Indian laws, the aggrieved party must approach the court within three years, from the date when the right to file a partition suit accrues.
Yes, it is compulsory to register a Partition Deed and the required Stamp Duty should be paid accordingly. By registering the Deed, it’ll become a permanent public record and a notice to the general public of the change in title. If not registered, then the document will not be admissible as a piece of evidence under Section 49 of the Registration Act 1908.
