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SHANTHALA S   03 June 2025

Partition deed

We are three brothers and four sisters. after the death of my parents in 2002, my second brother made the partition deed of my father's self-acquired property and without taking the 4 sisters' consent, he omitted their names in the Family tree also. Can sisters challenge in the court of law. 



 5 Replies

R.K Nanda (Advocate)     03 June 2025

You all 7 legal heirs are entitled to 1/7 share each in your father property. 

The partition deed made by your brother is illegal and invalid. 

Rest of 2 brothers and 4 sisters must challenge said partition deed in court by filing partition suit in court to get their share in property of your father by court order. 

1 Like

kavksatyanarayana (subregistrar/supdt.(retired))     03 June 2025

Yes.  The partition deed made by another brother is not valid.  All the legal heirs of your parents have an equal right over the property/ies.  File a partition suit in a court of law.

Dr. J C Vashista (Advocate )     04 June 2025

The partition deed is invalid and illegal document despite the fact it has not been challenged by either of sibling for more than 23 years.

The sisters have equal right in the intestate property left by deceased father.

It is better to show relevant documents to a local prudent lawyer for analyses of facts, professional advise and necessary proceeding.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     04 June 2025

Yes, your sisters can challenge the partition deed in court.

Under Indian law, daughters have equal rights to inherit their father's self-acquired property, especially after the Hindu Succession (Amendment) Act, 2005, which grants daughters the same rights as sons in ancestral property.

 If the partition was done without their consent and their names were omitted from the family tree, they can file a suit to claim their rightful share.

To challenge the deed, they may: File a partition suit in the appropriate civil court. Seek a declaration that the partition deed is invalid due to lack of consent. Request a correction in the family tree records.

Claim their legal share in the property. It would be advisable to consult a property lawyer to understand the best course of action based on the specifics of the case. Would you like guidance on how to proceed legally?

T. Kalaiselvan, Advocate (Advocate)     05 June 2025

The legal heir of the deceased father are entitled to an equal share in the property left behind by the deceased Hindu male, therefore all the legal heirs who have been deprived of their rights in the property can file a suit for partition and claim their rightful share in the property with separate possession


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