90,000+ Legal Questions Answered
Partition deed
6 months ago
After my father's demise - survived by me, mother and grandmother, we did a partition deed stating half portion of the land belongs to me and half portion belongs to my mother on my fathers self acquired property. Now father's siblings has taken away grandmother from us and would likely file suit for 1/3rd of the share.
On what ground the partition deed can be challenged and how easy is it? What I should be doing to prevent it?
A.Dear Client,
As per the Hindu Succession Act of 1956, the self-acquired property of a Hindu male, who dies intestate (without making a will), devolves first to his wife and children. If the Hindu male has no wife or children, then the property will devolve to his parents. If the parents are not alive, then it will devolve to the heirs of the father. So, your father siblings cannot claim 1/3rd share in the said self acquired property of your father.
As per the Hindu Succession Act of 1956, the self-acquired property of a Hindu male, who dies intestate (without making a will), devolves first to his wife and children. If the Hindu male has no wife or children, then the property will devolve to his parents. If the parents are not alive, then it will devolve to the heirs of the father. So, your father siblings cannot claim 1/3rd share in the said self acquired property of your father.
Helpful
Helpful
Share
A.Dear Client,
If you and your mother executed a partition deed, it's generally a legally binding agreement, and the grounds for challenging it can be limited. If it can be proven that the partition deed was obtained through fraud or coercion, it could be challenged. If there was a mistake in the partition deed that affected the distribution of property, it could be challenged. If the partition deed violates any applicable legal rights or the rights of other legal heirs, it might be challenged. To prevent challenges, it's essential to ensure that the partition deed was executed following all legal requirements and that there was no coercion, fraud, or undue influence involved.
If you and your mother executed a partition deed, it's generally a legally binding agreement, and the grounds for challenging it can be limited. If it can be proven that the partition deed was obtained through fraud or coercion, it could be challenged. If there was a mistake in the partition deed that affected the distribution of property, it could be challenged. If the partition deed violates any applicable legal rights or the rights of other legal heirs, it might be challenged. To prevent challenges, it's essential to ensure that the partition deed was executed following all legal requirements and that there was no coercion, fraud, or undue influence involved.
Helpful
Helpful
Share
A.Dear Sir,
The Partition Suit can be filed by any family member but it will take years together to the disposed of. Just protect your possession and if possible sell the property by the time judgment is delivered.
The Partition Suit can be filed by any family member but it will take years together to the disposed of. Just protect your possession and if possible sell the property by the time judgment is delivered.
Helpful
Helpful
Share
Read Related Answers
Disciplinary process for officer rank employee and a management staff.
Dear Client,
Holding a managerial position in the company, you have to pursue your grievance in respect of fairness or unfairness of disciplinary proceedings that ended up imposing harsh punishment be...
Repairing require for 4 storage Building
Dear Sir,
Every major repair to any building requires permission from local authority like KMC etc.
Disciplinary process for management staff
Dear Sir,
The charge officer to protect himself taking the signature of charge sheeted person on the order sheet, otherwise the charge sheeted person may question tomorrow that he does not know the co...
Disciplinary process
Dear Client,
An Enquiry Officer(EO) can seek clarification of any law point from the legal cell of the company or the panel lawyers of the company if it is required to respond to a query of a charge-s...
Cheating case
Dear Client,
In the absence of any documentary evidence, neither can you lodge a complaint against your mother's friend with the Police, nor can you file a criminal suit for cheating on jewelry in Cou...
Read Blogs on Civil
Civil Lawyers
Find Lawyers by Location
