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n p (others)     07 May 2023

Ancestral property partition deed - challenging

Ancestral property (from my mother side) was in court because of the my grand fathers brothers who filed a suit in court for partition during 2014-15 year.  Now in year 2016-17 One of my mama(mothers own elder brother) got the ancestral property (my grand fathers share) under his name as Joint Property holder through court settlement. Recently in year 2018(Nov month) a partition deed is executed to the ancestral property of my mother side by my elder mama. My mother has 5 sisters (including my mother) and 4 brothers. But to my mother surprise she got only 8 gunta land in year 2018 Nov through partition deed. Remaining one of the sister also given with 8 gunta and other 3 sisters got 6 guntas only. Ancestral property has a total of around 250 guntas and my mother is saying partition is done fraduently as they didnot handed over any partition deed copy even though asked for, also she is expecting more property share now.  Also my dad was not well during 2018 time and she was taking care of my dad and other family members in bangalore being away from native. , Now due to carona cowid time she got opportunity to visit the naive office and got the partition deed copy from sub registrar office. Now having this partition deed executed in Nov 2018 and now by 4.5 years of time is this partition deed can be challenged in court ? what is the procedure ? what is the pros and cons ? how much charges it may require to file suit and proceed with ? what all points can be made in the court from our side to cancel the partition deed and get success ? are daughters not eligible to get equal shares ? can some one give prior judgements given by high courts or supreme courts. in such scenarios ? any section of law of court can help us ?

 

 



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 5 Replies

T. Kalaiselvan, Advocate (Advocate)     07 May 2023

If your mother was a party to the registered partition deed and if the deed was executed more than three years ago, she may not be eligible to claim anything now stating that she was not aware of the contents, becasue it is barred by limitation

Until and unless the fraud has been proved she may not become eligible for the claim that she now proposes to be filed before court comptent.

However without seeing the property related documents it may not be possible to guide you or render any further opinion in this regard because the facts may be different to that of what you have narrated here.

Therefore you take the advise of a local advocate by producing all the documents related to the property before him/her and proceed as suggested. 

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Dr J C Vashista (Advocate)     07 May 2023

Show the partition deed with relevant revenue records of the subject land to a local prudent lawyer for analyses, professional advise and necessary proceeding.

Procedure and pros & cons can be taught by some local coach/ tutor.

Daughter has equal right as of son.

Search judgments yourself if you are interested.

1 Like

n p (others)     07 May 2023

thanks.. is it 3 years period limitaton or 12 year limitations ? can we get any grace period due to corona/cowid time as it was difficult during carona time to proceed with any work during that time.

T. Kalaiselvan, Advocate (Advocate)     07 May 2023

The limitation for cancellation of the registered title deed is three years only. 

The partition deed is also a title deed to which your mother is also a party to the deed. 

The covid period limitation privileges will not be applicable to this situation,  hence you cannot claim any grace period. 

murugessan ganapathy   06 February 2024

A partition deed was executed without informing the elder dughter that is my mother. We elder daughters kids came to know just recently. What to do now. Totally 3 daughters and 2 sons, but partitioned for two daughters and two sons. How to deal this 

 


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