• Registered portion deed

My father & my uncle is only 2 children for my grand pa in property devolving my uncle will take 2 acre more than to my father that is registered on august-2004 

1) can i able to fight on him with court ?
2) can my father able to cancel the deed alone?
3) can i get justice on court ?
Asked 2 years ago in Property Law from Bangalore, Karnataka
If property matter is Joint Family or Ancestral Property: If the  Property has been partitioned by registration or decree passed by the court before December, 2004 right to claim over the disposed property is prohibited as per the Hindu Succession Act and kindly check any family settlement made between joint family members.

But it has one exception as per new judgement of  Apex court: Partition and  Succession can be open at any time if distribution of property was injustice between Joint family members. 

Hence, you can challenge that partition subject to  absence of non-adverse documents.
B.T. Ravi
Advocate, Bangalore
736 Answers
30 Consultations
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Yes, you can challenge the same in court.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
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1. On the strength of which instrument will your uncle take 2 acres more than your father? Was an instrument such as gift, partition deed or will made during the life time of your grand father? Is the property the self acquired property of your grand father? If it is the self acquired property of your grand father and he has not left any will during his life time then your father and uncle as the legal heirs of your grand father will get an equal share in the property. The share of your father can be emasculated only and only if your grand father has either made a will giving an enlarged share to your uncle or a settlement was made made between your father, uncle and grand father during the life time of your grand father whereby and whereunder greater share was given to your uncle.

2. If your father has been denied an equal share in the property without any deed having been made then he can move to court to challenge the partition. 

3. Show all the documents to a lawyer so that he can decide the feasibility of filing a lawsuit.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
Hi, if the property divided between your father and your uncle is unequal then you can challenge it but thing that as per your partition ( or other document not clear) is taken place at 2004 and now you can challenge it. you have to explain delay for 10 long years.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
First let us know how did the property devolved to your father & uncle, is it by way of WILL or Gift or through Court decree or through family settlement deed. Based on your answer, correct advice can be given. However if the property was your grand father's self-acquired property and had died intestate, then your father & uncle should have got equal share in the property.  May be your grand father through WILL would have given 2 acres more to your uncle than your father or through family settlement deed the siblings would have decided that your uncle should get 2 acres more than your father. If your father is legally entitled to equal share in the property, in the absence of supporting deed, then you can challenge the same in court. Better to consult a lawyer and show him all the available documents.
Shashidhar S. Sastry
Advocate, Bangalore
1242 Answers
59 Consultations
5.0 on 5.0
1) you have not mentioned the basis on which your uncle will get 2 acres more than your father? 

2)is it self acquired or ancestral property of your grand father ? 

3) what is the registration done in August 2004? is it a settlement deed? gift deed? partition deed? 

4) if your grand father died without a will both your father and uncle have equal share in the property. 

5) if your uncle is refusing to give 50%share in property then file suit for partition 

6) contact a local lawyer
Ajay Sethi
Advocate, Mumbai
23308 Answers
1220 Consultations
5.0 on 5.0
you can challenge the document in the court. however, the delay needs to be explained. in addition to that your period of limitation is running and has already elapsed 10 long years. you have to think fast and react or else you will lose your valuable limitation to prefer the suit. 
of course your father can fight alone in the court and positively he will be getting justice.
Ananth Kumar
Advocate, Bangalore
122 Answers
57 Consultations
4.5 on 5.0
If the property is your grandfather's self acquired property, then he has every right to give any body any share of it as per his wish. Neithet you nor your father or anybody else can do anything legallly about it.
Krishna Kishore Ganguly
Advocate, Kolkata
12123 Answers
232 Consultations
5.0 on 5.0

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