Partition deed & will
navin
(Querist) 20 August 2013
This query is : Resolved
my father inherited a property through a will of his grand father.one of my uncle gave dad 1 lac kept as family fund after my grandfathers death.& got a partition deed done on his favour & transfered the property on his name.at this time my brother was a major 18 yrs.
1.my question is can we cancel this partition deed & recover our property back as this inherited property of my father was again divided among 3 people in a partition deed.how can an inherited property through a will b again transfered buy just meagre 1 lac cash kept as family fund? ?
2.can my brother have rights in this property as being major his sign was not taken during release deed.
malipeddi jaggarao
(Expert) 21 August 2013
It is not inherited property of your father. Since she acquired the property by way of Will from your grand father, it will be treated as self-acquired property (if it was originally self-acquired property of his father). In such case, he is free to deal with the property in whatever way he thinks fit.