partition deed registered

k.bala (Querist) 10 January 2011 This query is : Resolved
Dear Sir,

I have dout in the Partition Deed with two brother . In the village there is two brother one of the elder brother came to chennai after is finished is graduation and he settled in chennail after some time there father also died after few years the younger brother ask the elder brother to come to the village, he went and they both went to the sub-registered office and get the partitioner deed for the property and registerd and the younger brother told that this partition is all equal only and the elder brother belive the brother and came back to chennai after few month in the elder brother property was plot and they are selling and the elder brother went to village and asked his brother about the matter, he told every thing is finished and partition deed and registered you can't do anything with this matter you go out . In that partitioner deed the share for the elder brother is 25% and for the younger brother is 75%. This property is belong to there father name whether the grand son and grand daughter can file the case against the for unequal shares whether they will suceed or not and how to handle the matter and how can i file the case against the them

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A V Vishal (Expert) 10 January 2011
Without going through the contents of the partition deed it is practically impossible to advise. Further, if the plot sold by the younger brother is not mentioned in the partition deed then you have recourse and go on to file a suit against both your uncle and the purchaser.

Guest (Expert) 10 January 2011
file a suit for cancellation of of partition deed in a partition suit.

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