Partition deed

S.Nachiappan (Querist) 27 April 2011 This query is : Resolved
I am a married women married in the year 1974. My father died last year. Before his death, my brother and my father's brother have entered into a partition deed dividing the property ( 80 cents of land)belonging to my grand father and registered the same and constructed individual house for their occupation. This is a illegal partition deed as my father has not given any written acceptance to my brother. As my father is no more can I have to the right over the property and sue my brother? Is there any other way left to treat the registed deed as null and void under transfer of property act.

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M.Sheik Mohammed Ali (Expert) 27 April 2011
yes, you can file a case, and get the injunction and partition suit against them.

Kiran Kumar (Expert) 27 April 2011
go ahead with civil suit.

since the property was not partitioned and the amended provisions of Hindu Succession Act, provide right, to female also, in the ancestral property.

dont delay.

sanjeev murthy desai (Expert) 27 April 2011

Married women or women don't have any rights in the partitioned joint family properties. The proviso of amendment act shall affect or invalidate any disposition or alienation including any partition or testamentary disposition of property which had taken place before December 2004.

Naresh Kudal (Expert) 27 April 2011
you can file suit for partition and injunction.

Guest (Expert) 28 April 2011
You can accept advice of Mr. Kiran.

Sarvesh Kumar Sharma Advocate (Expert) 28 April 2011
agree with mr. kiran's advise !

Adv.Shine Thomas (Expert) 01 May 2011
I agree with the above view.You can file a suit against them for injunction and partition.

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