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Showing contexts for: Amendment Mode in Vasant Dhondiba Choudhari And Ors vs Sadashiv Dhondiba Choudhari on 25 April, 2024Matching Fragments
75. The fallacy of the said contention is that the same overlooks the statutory position which protects the alienation by two prescribed modes. The amendment of the year 2005 to Section 6 of Hindu Succession Act, 1956 protects the alienation by mode of registered partition deed or decree of Court effected before 20 th December, 2004. The submission of Mr. Killedar would attain force only if registered deed of partition is held to have been rightly cancelled on the ground of fraud and misrepresentation, in which case the Defendant Nos 7 to 9 would be entitled to a share equal to that of the sons. As indicated above, the entire dispute hinges on the validity of the registered deed of partition dated 23 rd December, Patil-SR (ch) 50 of 68 SA 240-11 (J).doc 1999, which deed itself was not tendered in evidence by any of the parties. Further, even on merits the Plaintiffs have not established fraud so as to be entitled to cancellation of the partition deed. Without the registered partition deed being cancelled, the Defendant Nos. 7 to 9 who have not independently challenged the partition deed, are not entitled to seek share in the joint family properties.