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ELANGOVAN   23 October 2015

Regarding cancellation of partition deed

Respective experts!

I am belongs to Tamilnadu state. My grant father had ancestrol property in 2 villages and have 5 daughters and 3 sons. At the time of family partition made between male persons  on 20.10.2005. That time my age was 18 completed. Normally my grant father signed his name in all document. At the time of family partition he was not well and expairy stage. My fathers younger brother make arrangement for family partition of my grant father 1 property of 26.5 cents and he only took 11.5 cents lands and remaing 5.5 each given to my father and my father elder brother also and allotted 4 cents for road purpose. That family partition deed my grant father not signed and took thumb impression only.

After 2 years my father make sale to 2 cents of his land to their sister son and make singn for registration., me also signed for that registration deed. after that 3 cents gave to my elder sister for family partition and me also signed for that deed. now my father have only 0.5 cents land only.

my father elder brother also sold his 3.5 cents land to his own brother(younger brother of my father) and have balance 2 cents only.

Queries:

1. Can i make suit against that patition? reason my father share is only 5.5 cents but my father younger brother share is 11.5 cents.

2. If i make suit against that property, Is judgement will come favour of me?

3. now my grant father is no more(expired).  remaining un partition property of grant father now make steps for partition can i give shares to my grant father daughters?

please kindly advice me! Thank you!

 


Learning

 1 Replies

adv.raghavan (Advocate,9444674980)     29 October 2015

1,If partition deed is registered at that time, it will be a futile exercise to sue now.

2,When it is futile, you cannot expect favourable judgement.

3,For remaining properties you can  them sue under partition suit,court fees will depends upon  extent of land .

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