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Challenging partition deed
3 years ago
My mother has signed in a registered ancestor partition deed on 2013 with her brother & dad(which is unequal partition ). Can it be challenged now ?
A.Dear Sir,
Yes, it can be challenged by filing another suit.
Yes, it can be challenged by filing another suit.
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Ankur Goel @ Complete Law Shield
Responded 3 years ago
A.your mother also took lot of gold and dowry at time of her marriage which your father counted while partition which was not mentioned in partition deed.
so what is the reason to keep quite for 7 years and then realized that it was unequal.
it is very hard to challenge it now because courts are smart enough.
so what is the reason to keep quite for 7 years and then realized that it was unequal.
it is very hard to challenge it now because courts are smart enough.
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A.Hi,
This suit is not maintainable as it is barred by limitation (3 years). If you can provide a legitimate reason as to why it took you so long to file the suit, then the court may hear the case.
This suit is not maintainable as it is barred by limitation (3 years). If you can provide a legitimate reason as to why it took you so long to file the suit, then the court may hear the case.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Hi,
A suit challenging a partition deed should be filed within 3 years. Hence, it cannot be challenged now. However, if you can prove that you were unaware of such a deed or that you were a minor and filed for challenging immediately, then the court might consider it.
A suit challenging a partition deed should be filed within 3 years. Hence, it cannot be challenged now. However, if you can prove that you were unaware of such a deed or that you were a minor and filed for challenging immediately, then the court might consider it.
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