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Natraj (ABC)     14 May 2014

How to challenge uneven partition

Hello,

Is there any way challenge unequal property partition? recently (one week back) my grand mother and her brothers divided land (ancestral property), however share received by my grand mother is very less compared to share received by brothers. My grand mother illiterate (aged around 70 years) and she is unable to read (expect putting sign) she had signed partition deed trusting their brothers. We came to know about this cheat after completion of registration process. So help us and let us know if there is any way to challenge partition.



Learning

 4 Replies

Mahesh R. Sonawane (Lawyer/Fight for justice)     14 May 2014

Your grandmother is required to file partition suit along with challenging the partition deed in competent civil court.....

1 Like

adv. rajeev ( rajoo ) (practicing advocate)     14 May 2014

Nothing is happened, now also your grand mother can file a suit for partition.  She can also aver about the recent partition which is unequal.

1 Like

Natraj (ABC)     14 May 2014

Dear Rajeev and Mahesh,

Thanks for the replay, is there any timeline to file a case ( is it required to file a case with in one week registration?) also they have mentioned point in partition deed that nobody including my grand mother is allowed to challenge or file a suit against the partition so is it valid if my grand mother files a suit?

 

Mahesh R. Sonawane (Lawyer/Fight for justice)     14 May 2014

For partition there is no limitation but to challenge the partition deed,

you have to challenge it within 3 years... Though there is condition mentioned in the deed itself, still you can challenge it, but you have to plead the reality... or mischeif of brothers etc.


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