partition  deed partition deed

5 years ago

my father was died in my childhood.a partition deed was wrote my inherited property b/w my mother and my father brother when i was a minor.given property (my share)does not have way to enter fields.my father brother took road side property and he does not given any way to enter fields but equal shares has given .
Now the question is can i file suite against my father brother to quash partition deed because it was wrote when i was minor.

Kishan Dutt Kalaskar

Responded 5 years ago

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A.Such suit should be filed within three years of your attaining majority. Try.
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Prabhakara S K Shetty

Responded 5 years ago

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A.Your mother under circumstances within limitation can file a case of unfair partition, if you have no road to go to your share of land.
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NILANJAN CHATTERJEE

Responded 5 years ago

A.No you cannot file a suit right now though you were a minor when the partition took place.
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Nilima Kadam

Responded 5 years ago

A.Yes u can challenge partit ion deed but if it is ancestral property partitinned by ur father and brother u cannot challenge from the case it seems that ur father had given his consent to his brother to take road side property u have to prove that partition deed itself is wrong or fraud that ur advocate will guide there
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Sourav

Responded 5 years ago

A.1) unregistered partition suit is void, registered partition deed is valid.
2) unregistered family settlement deed is valid. you may seek partition, but partition will take place on the basis of family settlement deed.

I need to check the documents for proper advice.
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