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farook   10 October 2016

Partition deed

Hi,

My grandfather passed away at 1988 and there were 7 sons , 1 daughter and his wife became his legal successors. In 1990 one of his saon passed away so his son and wife together entitles his share. In 1992, all legal successors came together and made a particition deed. Every one was awarded equal share because the lands in the main road will cost and rural area will cost less. Hence some got large number and while some other got less. But all of them participated the processess and the registration was done in 1992. Now in 2016, the wife and son of one of my grandfathers son ( who deceased at 1990) claiming that the partition was not done correctly and needs to be set aside and do the partition again. Whether this will stand in front of the court? The document happend 25 years back and can they question this now?

Regards,



Learning

 7 Replies

Kumar Doab (FIN)     10 October 2016

With limited understanding;

 

The wife and son were both party ( and perhaps signatory) to the partition deed.

 

(Now in 2016, the wife and son of one of my grandfathers son ( who deceased at 1990) claiming that the partition was not done correctly and needs to be set aside and do the partition again. )

 

Was the land valued by approaved valuer and admitted by all parties?

 

(Every one was awarded equal share because the lands in the main road will cost and rural area will cost less. Hence some got large number and while some other got less. )

 

This may fail.

Limitation may stare at their face.

(Whether this will stand in front of the court? The document happend 25 years back and can they question this now?)

1 Like

Kumar Doab (FIN)     10 October 2016

It is believed that you Hindu.

What is the opinion of your own counsel that has examined all docs and inputs on record.

 

1 Like

farook   10 October 2016

Dear Kumar sir, 

I belongs to Muslim community. 

My concern is those 9 people came together and signed a document which is registered in sub registrar office and is signed infront of the officer. And after 25 years, how can somebody who signed the document came with a claim that he/she got less propotion. Since they have made the sign volunterly and they were literate enough to understand all the clauses and came with this suit after 25 years, whether this will stand or not?

My advocate said since the land propotion is not correct, they may get some portion from the existing property. Would that is possible? Out of 9, only 4 are alive now.  Whether this will come under limitation law 1963, that the signatory has files suit after 25 years of registeing the deed?

Thanks in advance, 

Regards, 

Kumar Doab (FIN)     12 October 2016

@Farook,

I don't even open PM's that are sent without filling the subject line or PM with subject line blank.

So if there is anything you want to post by PM write in subject line of PM ( preferably title of your query as in your thread).

 

 

 

 

1 Like

farook   12 October 2016

Sorry Kumar sir, My mistake it went out without having subject line. Could you please help me with my previous query. Regards, Farook

Kumar Doab (FIN)     13 October 2016

Generically speaking; Partition implies ; equal; as per share.

Share does not vanish with time.

Rest discuss with your able counsel and show all docs on record.

The counsel can also take into account the nuances of personal law that applies.

 

farook   13 October 2016

Thank you sir.


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