Upgrad LLM

family partation


Dear Sir,

I am 70 yurs old , 17 years back i lost my husband  & my family of 3 sons and me executed a FAMILY PARTATION DEED AT A CIVIL COURT HERE.

As per that a SMALL URBAN PLOT of 2000 sft which was in my name was PARTED to one of my son as his SHARE. and now he has constructed a G + I floor building in this plot and living there, and subsequently a village farm land of 5 acres was given as share to me and 2 other sons were given running buisness as their SHARE by the honouable court.

But now my other sons doesnot have any land , can i file a SUIT AT THE HONOURABLE COURT  and ask for my URBAN PLOT BACK, so i can DIVIDE / ASK the COURT to DIVIDE SOME   SHARE to my other 2 sons in the URBAN PLOT.

 
Reply   
 

NO. you should have disagreed to court decision that time. You can of course, go tho court for this, but i think its waste of time & Money. 

 
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Advocate

Dear Ms.Sangeeta M.V,

Any settlement deed under oath before a court cannot be revoked. 

However I would need detail on the nature of the property that was partitioned to give you  the right answer.

Q1: whether the property that was divided --is the ancestral property of your husband or whether the properties  were bought by your husband from his own earnings.

 

 
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Dear sir,

1. The farm land of 5 acres belong to my husbands ancestors property.

2.The urban plot was purchased by my husband in his own savings and was registered in my name..

 
Reply   
 

your son can ask for partition of that plot making you the party as that plot was purchased by their father and they have full right over in it ,they first have to file a suit for partition to recover the limitation period,feel free to call .

 
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Advocate

Dear Ms.Sangeeta M.V,

1. Once partition of ancestral property has taken place on oath it cannot be revoked.

2. You had absolute rights over the property that your husband had bought in your name. Since it has been the subject matter of an agreed partition deed, it would make it very difficult to  cancel the partition deed.

3. However, a partition deed can be setaside/cancelled if you and your other sons can furnish proof that the value of properties split between the surviving co parcenors were not in a right proportion at the time of execution of the deed.

4. In my honest opinion, revoking a partition deed after 17 years of its execution is a futile exercise.

 
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