Claim of equal rights after execution of partition deed
Querist :
Anonymous
(Querist) 04 March 2025
This query is : Resolved
The Partition Deed was made in 1989 between Brothers and Sister and Mother after death of father. Accordingly some properties mentioned in Partition Deed were transferred and Sold. The Sisters were given money from Sale proceeds of sold property also some sisters had relinquished their rights in Partition Deed. Now after 20 Years Daughters went to file Civil Suite of Partition claiming equal rights in 2011. In this situation the property is already divided can such equal rights claim is applicable in this case. Pl. suggest from Legal Standpoint
T. Kalaiselvan, Advocate
(Expert) 04 March 2025
If the disputing party was a party to the previously executed registered partition deed then this case may not be maintainable.
kavksatyanarayana
(Expert) 05 March 2025
Your query is not clear to me. Some properties were sold, and money was given to sisters, and some sisters relinquished their rights in the partition deed. This means that the sale proceeds were given to some sisters. Did they sign the sale deed? Did some sisters register the relinquishment deed in favour of others?
Sudhir Kumar, Advocate
(Expert) 06 March 2025
prima facie the case is barred by limitation.
Dr. J C Vashista
(Expert) 08 March 2025
Facts posted are vague and confusing, redraft and post in another thread, if there is some truth in the story.
P. Venu
(Expert) 16 March 2025
What do you mean by "The Partition Deed was made in 1989" Was the deed registered? Even if the partition was oral, were the properties partitioned metes and bounds? Did every sibling receive their share? Please post complete facts.
Admittedly, some among the siblings had relinquished their shar. Was it through a registered deed.
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