partition deed unequal
k.bala
(Querist) 11 January 2011
This query is : Resolved
Were the registered partition deed shall be cancelled by court in case of unequal partition between two brothers 80 % and 20%.or any other provision for the same please guide me sir/Madam
Sachin Bhatia
(Expert) 11 January 2011
It can be cancelled by the court.
Y V Vishweshwar Rao
(Expert) 11 January 2011
The Partition is not justified with 80% and 20 % share - the reasons to be verified - is there any other consideration/reason for giving 80% major share to one brother - is there any other reasons /otherwise- with reference to the value of the property / or/ extent of the property - or compensated to give 20 % minor share to other brother - or it was unintentional/ or not noticed / un-equal partition ! - whether the property value of 20 % as on the date of partition was more than/-equal to value of 80 % share of other person -after partition and after gap of some time- is there any change in the potentiality of the properties changing /increasing / or/ decreasing the values of shares- these things to be verified before taking any decision !
H.M.Patnaik
(Expert) 11 January 2011
Perfectly advised by Mr. Rao.
k.bala
(Querist) 12 January 2011
thank your sir,
in the partition deed it self mentioned the schedule "A" for elder brother (amount Rs.20k and land measuring 0.75 acres)and schedule "B" for younger brother (amount Rs.1.00lakhs and land measuring 2.acres).this property is belong to there father where 'A' son or daughter can file suit against "B" because there grand father property (ancestral property )
Y V Vishweshwar Rao
(Expert) 13 January 2011
1-The Partition Deed was Registered partition Deed
2- There is variation in the Values of the Shares to each brother
3- The Contents of the Regd Partition Deed to be verified by local Senior Civil Advocate - why that much deference is there in the share values and to take a decision !
4- The Partition Deed is Registered ! The date of Registration of the partition deed to be considered - Whether it is before 2005 amendment Act /or/ after amendment Act - this point to be considered to conclude Whether daughter can claim / or/ not !
k.bala
(Querist) 08 July 2012
Thanks you for advice mr. Y V Vishweshwar Rao,
the partition was registered on 2009, younger brother intention to cheat,so he ask the elder brother to come village with out informing to his elder wife,son and daughter.
were this property is belong to grand father.
1. whether grandson and granddaughter have right to claim.
2. grandson and granddaughter not yet signed any document.
3. already filed suit against him, partition unequal.
what ground can claim, where any case law to reference for this case.
