Does my father have right to do partition whenever he wishs?


My father has 2 sons and 1 daughter. Me, My brother are married and sister is not married,

1 site from the Ancestral property is gifted to me for house construction and equal measurement site will be given to brother during partition.

 

1)      My father wants to do partition after 2 years (after sisters marriage), but my brother wants for partition now only, Does my father have right to do partition whenever he wish before his death?  Can my Brother can file for quick partition?

2)      Can my Brother can file a case on me and my father for gifting the site?

 
Reply   
 
Advocate,9444674980

your father do not have power to do gift deed, to your elder brother, younger brother do have all the right to go for partition at any time. yes he can declare the gift deed it self nul and void.

 
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1. My father and Me doesn't want to have partition now,  my brother can file case asking for quick partion?

2. If Gift deed is void, then same can can be inculded in partion agreement right?

 
Reply   
 
Advocate,9444674980

yr brother can go for partiton at any time even u and yur father do not wish for the same, and gift deed is null and void, it is of no use.

 
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Thank you for the quick reply

 
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