• Challenging the partition deed

Hi,
The property was self acquired by my Father who died intestate.
partition deed was executed in the year 1994, where in the parties were me(Shankar) & younger brother(Shekar) & my mother(vijya) leading to unequal division, mine being the least. I was not in a position to fight for my equal rights when all this happened.
my mother died in the year 2008 willing the share of her property to my younger brother(Shekar).
My questions are:
1. can i challenge the partition now, if so on what grounds.
2. can my son challenge the partition.
3. can i challenge the will.

Thanks in advance
Asked 7 years ago in Property Law
Religion: Hindu

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7 Answers

after 23 years court will not intervene to set aside partition deed

2) your son cannot challenge the partition deed as it was self acquired property of your father

3) you can claim equal share in mothers property . you are at liberty to file suit for partition to claim equal share in mother property

4) if brother relies upon will and files for probate oppose grant of probate

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

11. Partition deed impliedly mean it to be made on consensus.So unless you can prove that it was signed by your at the gun point you cannot challenge it.

2.Since your son acquires right through you only he is equally disentiled to challenge it.

3. Now it is too late.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

if compromise deed was agreed and decreed upon in 1994 no appeal would be maintainable after gap of 23 years

2) decree is final and binding upon parties

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

My questions are:

1. can i challenge the partition now, if so on what grounds.

Since you all the three decided to partition the property in the maner mutually agreed among you three and have prepared partition deed, got it registered and have been possessing and enjoying their own respective share of property for more than two decades, it will not be maintainable to seek for re-partition at this stage

2. can my son challenge the partition.

Your son has got no rights in the property especially during your lifetime

3. can i challenge the will.

The will was made by your mother in respect of her own share in the property, hence it cannot be challenged now.

Since your mother had marketable title to her share in the property, her will is valid and legal.

No dispute on this shall be tenable in law.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

instead of partition deed if it were to be a compromise deed agreed & decreed upon by a court in 1994, can the same be challenged by me or my son

When a registered partition deed itself canot be challenged, the question of compromise deed decreed by a court of law canot be challenged or even an appeal can be preferred.

Your son has no rights in the property.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

If the above compromise deed has not been registered then can it be challenged?

The compromise deed if drawn in the decree and judgment, then it cannot be challenged.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

In your case on basis of compromise decree has been passed by court

Hence even if compromise not registered it would be binding upon parties

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

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