Suit for partition
Querist :
Anonymous
(Querist) 27 July 2024
This query is : Resolved
A Hindu family (Father and 3 sons), holds about 12 acres of inherited agriculture land. Since elder son "S1" left away from the family in a dispute, the father and other 2 sons Partition the properties into 3 shares and took each one. They completely excluded son "S1" in the registered partition deed. The son "S1" died 6 months after the execution of the partition deed. Now the wife of the died son "S1" was about to file a partition suit,
1. Whether the Registered Partition deed is a Void document or Voidable document?
2. Whether the son "S1" s Wife needs to pray, to declare the Partition deed "Null and Void"? Or mere partition suit without such prayer is maintanable?
3. What is the Limitation to file the suit?
Thanking You
T. Kalaiselvan, Advocate
(Expert) 27 July 2024
If it was your father's share in that property then he it becomes his self acquired property, therefore the partition deed executed between him and his two sons is very much legally valid and any challenge to this may not be tenable.
P. Venu
(Expert) 27 July 2024
Rather than a partition deed, it had been a deed settling 2/3rd of the properties in favour of the younger sons.
The wife of the deceased son is a legal heir to the property, if any, left intestate after the lifetime of the father.
kavksatyanarayana
(Expert) 27 July 2024
In my view, the elder son "S1" is also a legal heir to the ancestral property and hence his wife can file a partition suit in court. The limitation period is 12 years from the date of partition by other legal heirs.
