My mother after the death of her father in year 1981, was made a party in partition deed and all 4 sons had got their respective share 13 sites each including the widow...in partition deed dated 07/02/1981, my mother's share was only mentioned as 13 sites but no schedule instead they got mentioned as she relinguished her share to her widow mother n minor last brother as natural affection towards them also to clear the debt's made out for her marriage celebration which was celebrated in year 1972 at that time the father was alive...also marriage was celebrated in above mentioned date along with two pairs(my mother n father as one pair and another my mother's father's last brother n his wife at the same time and date in same mantap we have the photos) the question is can we challenge on this ground to set aside the relinguishment made in partition deed also my mother was hospitalised on 05/02/1981 due to brain concussion after she met in a road accident....please suggest???
Partition deed was executed in February 1981
2) once mother has relinquished her share in property it would be binding on your mother
3) if your mother was not mentally fit at time of execution of partition deed suit if any to set aside partition deed ought to have been filed at earlierst
4) suit to set aside partition deed after 37 years would not be maintainable and you would not get any reliefs from court
See first of all suit will be time barred secondly your mother has signed same relinquishment deed so chances of succeeding in such suit shall be bleak but still suit can be filed and there are some chances it can succeed based on evidence and fact, now your mother can file suit on ground she was not having knowledge of such document as she was in hospital on same day and by cheating they took signature she was in presumption that her brother enjoy property under permissive possession and she can ask for same when required. So this can be ground of challenge.
sir her schedule was not shown/alloted in partition deed also condition for relinguishment was to clear the debt's made for her marriage celebration but marriage was jointly celebrated along with other pair of couples as mentioned so based on that can it be challenged by filing suit for declaration by paying the court fee of market value can it be challenged on also the health grounds as we have a document stating that she was being treated for brain concussion injury met in road accident on 2 days before the partition deed.they fradulently obtained her thumb impression and some other person signed on her behalf but the photo is her's in the registered partition deed....please suggest
Sir the health ground will be major ground for challenging the said deed. Since she was treated for brain related injury the ground can be raised her consent to document was not free and it was obtained with fraudulently. Further if the deed is registered then it can be problematic as for registered deed record before the sub registrar may be available and if she put her thumb before sub registrar the suit wont survive.
1) the partition deed is duly stamped and registered
2)you have to file suit to set aside partition deed if partition deed was fraudulently executed
3) the delay of 37 years in filing suit has to be explained
You can reach the objection on the relinquishment deed on the grounds of the brain congestion that he she is not performing well and cannot remember and she was treated for that but the property is not ancestral property and she have the right to relinquishment her share in favour of anybody by way of gift deed even after the challenge there are very less possibility that you will win the case
You can challenge but you need to prove in court that the said relinquishment was illegal on her mental condition which is rather difficult
Dear Sir,
The relinquishment deed seems not genuine. Some pressure must have used to sign such deed. You can challenge such deed and get an order of set aside of the same. The other history is required to come to concrete conclusion.
The registered relinquishment deed canot be challenged even by the releaser at this time because it should have been challenged within three years from the date of its execution.
Since it was executed in the year 1981 and it was very well in the knowledge of your mother who survived more than three decades after that, no claim in that aspect is maintainable at this stage.
The deed executed in the year 1981 should have been challenged by your mother within three years from the date of its excecution or at least three years from the date of her knowledge, hence no such claim is maintainable in law as it is very badly barred by limitation.