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narayanan   25 January 2015

Partition deed -challenge

We are a Hindu joint family. we are two sons and one daughter for my father. Among us we had one Un-Registered partition ten years back (from the joint family ancestral assets) signed by my father and myself and my Bro & sister and each one alloted one schedule ( not equal share to all > due to verbal assurance of my father that he will do settlement deeds after wards ) Subsequently after one year

Due to misunderstanding between my father and my Bro. my father executed one settlement deed in my favour & my Sister( from the schedule of assets he got from the above said partition ) Father expired 5 years back.
Now my Bro is going to challenge the said partition saying that it is unfair and not equal & he does't know the settlement deed executed by my father 
Can he do so ? If so on what grounds ?
Kindly reply with expert answer so as to proceed further in my side if my Bro. challenge the partition



Learning

 2 Replies

Shastri J.K. (Practice in The High Court of Chhattisgarh)     25 January 2015

Ur Brother  will not be challenge the partition.

adv.raghavan (Advocate,9444674980)     26 January 2015

Family settlement or partition deed unregistered do not hold good, he can contest the same and can go for partition suit, or declaration suit, If the possession rests with you, it will be safe. But the above said suits involves huge cost  and it will take lot of time to get a positive nod,so it is better for him to take all these things in to consideration before getting into any unwanted act. 


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