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Unequal Partition deed made by my father. Broke our trust Unequal Partition deed made by my father. Broke our trust

1 year ago

My mom died interstate in 2015 leaving behind myself, my sis & dad. There were some inherited & some self acquired properties in both Andhra Pradesh and in Tamil Nadu. In 2016, my dad registered a partition deed in which he partitioned only 1 uncultivated land in AP jointly to me & my sis.other 2 lands in AP to him & also income generating self acquired properties in Chennai. He told he will maintain the properties and that's y he is keeping everything in his name and aft him anyway everything is for us. I was 21 & unmarried my sis was 28 & married. But with trust on our father we signed & registered it. In 2018, I got married & within a week my Dad married another lady without our knowledge & promised us that he would write all the properties to our name after him. That only pension will be given to that lady. Also he wanted to sell a property in AP which was acquired by him in partition but AP govt didn't recognise the registration made in TN. But in Chennai the properties changed to his name in EC. So in Feb 2022, both we & dad signed & sold tht property in AP. Even me & my sis were added as vendors. In April my dad died interstate & now that lady who told only my dad's pension was enough till his lifetime, as soon as the funeral got over, created problems occupied all the properties saying she requires 1/3rd share in all. She is childless But her brother is behind all these troubles caused by her. We even told we will settle 2 crores when she asked a house to reside but she denied that and started asking 5 crores or 1/3rd share in everything keeping the partition deed in front. But these were my all my mother's properties. Nothing was earned by my dad Now we hav to challenge partition deed but the limitation is over. How to take this further even though the limitation is over? How to tackle this?

Kishan Dutt Kalaskar

Responded 1 year ago

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A.Dear Sir,

You can challenge such unequal partition Deed in the court of law by filing necessary suit and thus convince the court and get judgement
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Anik

Responded 1 year ago

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A.Dear client, I am sorry to hear that. In this case, since the property was of your mother both inherited and self acquired. So your father your and your sister will have equal right over the property and you can challenge your step mothers right over your mother's property.
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