My father co-owned a property around 1500 sq meters with my uncle and according to sale deed both had equal share .we are three children in the family two brothers and one sister.my father died in 1982.in 1996 my uncle executed a deed of partition in which my mother and my elder brother(major) at that time is involved.I and my sisters name is not mentioned in the deed.my uncle
manipulated in dividing the property. he took 1000 sq meters and gave us 500.is this legal .if not can i challenge the deed of partition in the court.
Asked 6 months ago in Civil Law from Margao, Goa
1) your father had 750 square share in the property
2) on your father demise your mother and 3 children would inherit his share
3) in partition deed your uncle should have given your family 750 sq meters
4) your names should have been mentioned in the deed
5) move court to set aside partition deed . It has to be mentioned when you became aware of partition deed
6) delay in moving court fior 20 years has to be explained .
The share of your father devolved on his widow and children on his demise. Even the minor children have an indefeasible share through succession. You and your sister should file a suit for cancellation of the partition deed against your uncle, mother and elder brother to cull out your share in the property.
When you become major ? The legal position under limitation act is that with in 3 years soon after attain majority the minor will file a case.
Now you can file a case for partition and also want a relief in the partition suit is that the document of partition created by your uncle is declared as null and void . .Your father has 50 % of share in that property.
Hi, you have to file a suit for partition of your equal share in the property in the jurisdictional court and you have also made your mother and brother as co-defendants along with your uncle.
Yes, partition deed can be challenge before civil court, as you and your sister were not a part of that partition deed your rights can not be relinquished.
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Advocate, New Delhi
If you were minors at the time of partition and you were not at all given any share in the property then you people can file a partition suit against all those who are holding the property in which your deceased father had a share.
Your uncle can be dragged into the partition suit proposed to be filed by you and seek your legitimate share out of your father's 50% share in the property.