how to proceed for partition in the below case?


Relationship - Grandfather - Father - S1 (Deceased 1st wife) and S2 (alive 2nd wife). and few more grandchildren and great grandchildren are also alive.

Facts: The grandfather purchased land of 121 Sq.Yds through sale deed with his own income and also 130 Sq.Yds of ancestral property devolved upon him..

Issue: The grandfather executed a Regd. Gift deed in the year 2002 to his grandson S1 for the whole extent. None of the family members were aware of this and they came to know about it one month back.

            S1 already constructed a house in the 130 Sq. Yds site with his own funds.

My question: S2 will file a suit for partition and

                      Can S2 file a suit in the court seeking for Cancellation of the gift deed as it's an ancestral property? 

                       What type of Injunction we need to pray as S1 already constructed a RCC building in the 130 Sq. Yds site of ancestral property?

Thank You very much in Advance for your replies!        



File suit for partition and also to declare that gift deed is illegal and invalid and has no value Inthe eyes of law.

u need to file a suit in the court then the court.. will divide and give you according.. then there will not be any disputes in future



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