Jointfamily -partion
peri venkata ramana
(Querist) 29 November 2011
This query is : Resolved
my father inherited land from my great grand father.we are three brothers .appartion deed was made and registered in 1995.we three brothers are signatories to the deed .the property was unequally divided .by 1995 , one of the brothers had amajor son . he was not signatory to the deed.the major son was objecting why unequal partion was accepted without narrating the reasons .
can he now reopen the partion deed of 1995?
request views.
Shonee Kapoor
(Expert) 29 November 2011
Is his father alive, then only the father can reopen the partition.
However, if the child has attained majority now, he can reopen the partition in the absence of his father.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Rajeev Kumar
(Expert) 29 November 2011
Rightly replied by Kapoor
Raj Kumar Makkad
(Expert) 29 November 2011
Such son has no say in the present matter because he has got no better share in the property than his father. If his father voluntary was a party to the partition deed and he voluntary left some portion of his share inn favour of his brothers, his legal heirs or even during his life time any of his sons and daughters have got no right to challenge the settlement and get it re-opened in any way.
M/s. Y-not legal services
(Expert) 30 November 2011
i have a doubt makkad sir.,
since he was minor, in case his (innocent )father was cheated by other brothers mean he dont have any legal remedy sir?
i feel he can challenge the unequal partition sir.. am i wrong?
M V Gupta
(Expert) 01 December 2011
A very strong evidence is necessary to challenge the partition. At any rate if the father in question is alive he alone can approach the court and not the son or any of his children. A document always describes the parties to include their leagl heirs, successors, assigns and administrators. Hence it is binding on the children of the party.
Shonee Kapoor
(Expert) 06 December 2011
I disagree Tom,
Only father can challenge in his lifetime, however if he died prior to the child attaining majority and then partition was affected, the child can challenge it on obtaining majority.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
