Dear Experts, I have a query regarding the partion made on the property. Request you to help on this query.
The scenario is as follows.
Mother- Has five children. Daughter1, Daughter2, Son3, Son4 and Son5.
Daughter1, Daughter2 and Son5 have got the sites at other places as their share of property. Son5 sold his share of property. One site was available which was in mothers name. This is the site of highlight. This was supposed to be shared between Son3 and son4. Some kind of WILL was made for this, the content of which son4 did not know. When mother was around 75 years age, son5 came in between, along with son3 and mother cancelled this will. Immediately, a new partion was made. In this, 65% of the site with some small house was given to Son3. There was a three floor house G+1+2+terrace room in the other portion of the site. Out of this, G+1 was kept by mother and 2nd floor and terrace room was given to son5 with 1/4 of the land of this building excluding common passage belonging to his share. There was a new Will made to transfer this G+1 to son3. This entire partion was done without the concent of son4. Mother has expired after 3 years.
son 5 is trying to sell this property. He has made all the documents legal and has also acuired some bank loan against his house share.
Now is it possible for Son4 to file a case to invalidate this partion an then to get the actual share?
With best regards,