Challanging partition deed after 12 years
Querist :
Anonymous
(Querist) 20 February 2024
This query is : Resolved
Hi Everyone,
My Question is
There is partition deed executed between one Brother and six Sisters in the year 2012, In year from 2012 to 2024 span 12 years, Brother and sisters had executed sale deed and alienated the property to third person, In year 2024 one of sister files suit for Partition stating that fraud had been taken place, in which the sister who filed the suit had mortgage her part of her share and obtain loan of RS 20lakhs and constructed housein share property, now after 12years she had filed suit against the subsequent purchasers and her own brother and sister, wheather this suit is maintainable or not.
kavksatyanarayana
(Expert) 20 February 2024
When one brother and six sisters are partitioned, how can they execute a sale deed? Then how can the other sister mortgage the property and file a suit? Your query is not clear to me.
T. Kalaiselvan, Advocate
(Expert) 22 February 2024
As the plaintiff sister was also a party to the partition among the siblings and had been silent all these years and now coming out with this frivolous suit especially after limitation period, will not be maintainable.
You can file a petition under order VII rule 11CPC to reject the plaint.
