Partition when i was minor.

Is the partition deed registered? In any case since the partition deed is mutually agreed between the parties, you will have right only to your share and your brother will have right towards his share. Though after your mother & father has passed away still the paartition deed will have its effect. Your mother would have represented you, when you were a minor. A partition deed is bascially mutually agreed document between the parties to hold the percentage of the share. If the partition deed is registered, you cannot claim right over your brother's property, but if the same is unregistered you and your brother can ignore the un regsitered partition deed and jointly enter into transactions, if mutually agreed between you both and it solely lies upon both of your understanding. legally you cannot take a stand that you have not relinquished your right nor the same with him.

Please apply for an EC and check if the partition deed is registered, if it is not registered, still you both can mutually come to an understanding and handle the property as per your discretion jointly.

Thanks a lot for your advise. I will not claim anything from my brother's property. But can my brother claim in the property "B" which is jointly in my name and my mother's name. Because he has given up his legal rights on the property which is in my name and my mother's name. My brother's name is not their in property "B" and that itself shows that he has given up his legal rights. After the death of my mother can I be the only owner or legal heir of property "B"?

Please advise. 

Mr. Mohan,

The partition deed is a document that exclusively allocates the property to the parties. In fact the partition deed is generally excueted , so that future problems fo people claiming the share can be avoided. Let know where the your property is located. In case if it is located outside tamilnadu, you can consult property lawyer, and find the whether your brother can claim a share, as the state laws differs.

But if the property is in tamilnadu, your brother cannot claim your share and you are the legal heir of the property. If the partition deed is registered,  the same will reflect in EC, further you can also go ahead and apply for the mutation records in your name, based on the share allocated to you( this is case in tamilnadu property) But, if the partition deed is unregistered, it will not reflect in EC, your brother, if he wants to create a problem, there can be a possibility to claim ur share. That is why, i suggested if the partition deed is unregistered you can feel ur brother's pulse and proceed accordingly. If the property is situated outside tamilnadu, please consult a local lawyer and take his opinion too, as the property laws in diffrent state differs.

Thanks sir, 

The property is in Karnataka. The partition took place in 1974. My father died in 1975. My mother died in 1993. Since 1974 till today the property "B" is jointly in my name and my mother's name. In 1974 partition deeds registration procedure may not be there. But the document that is submitted to Tahashildar office has my father, mother and brother's signature and the document number is mentioned in 7/12. Copy of that document is available in the tahashildar office. I have its copy. Can I submit death certificate of my mother to tahashildar office and ask them to reduce my mother's name or go to court for a decree of property "B" entirely in my name?