Can my uncle deny the mutual partition of property? I co-own a property with my uncle that was gifted to my father by my aunt through a gift deed. The property has no partition deed, but we had a mutual partition agreement on a court paper with witness signatures. I have built a house on my part of the property, although it is still incomplete. However, my uncle has denied the mutual partition and has approached the court. What are my chances of success in this case?
In India, mutual partition of property refers to the process of dividing jointly owned property among co-owners by mutual agreement, without the intervention of a court. This is often done to avoid lengthy and costly legal proceedings, and to resolve disputes amicably.
The mutual partition agreement is binding on all co-owners and creates a separate and distinct title for each co-owner in their respective share of the property. Each co-owner can use, sell or transfer their share of the property without the consent of the other co-owners.
However, if any co-owner disputes the validity of the mutual partition agreement, they can approach a court to challenge it. The court will consider the evidence and may declare the agreement invalid if it is found to be fraudulent, coerced or against the law.
The property in question was transferred by your aunt to your father through a gift deed, so there is no dispute regarding the transfer of ownership from your aunt to your father. Following your father’s death, the property devolved to you, giving you clear and unambiguous title to the property.
In the ongoing civil suit, there is no dispute regarding the devolution of the property to you. When the property was gifted to your father, it became his self-acquired property. Upon your father’s death, as per the rule of survivorship, you became the owner of the property. Therefore, you are likely to succeed in the civil suit.
Given the circumstances, it would be advisable for you to file a declaratory suit to establish your 50% share in the disputed property. The mutual partition has been confirmed by your uncle’s conduct, as he never attempted to cancel the partition deed executed in the presence of a witness until you began constructing a house on your part of the property.
