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How to challenge a unfair partition


31-May-2023 (In Civil Law)
my father have 36 acres of land we are 6 brothers in the year 1955 one brother migrate to another village that time he took cash & gold as his share. After that in the 1972 one of our brother mutated revenue records unequal among the 5 brothers.but all these dont have any registered paper documents. now can i challenge that partition? please advise
Answers (2)

Answer #1
818 votes
You have not mentioned that whether you made any partition before mutation. If partition done, whether it is registered or unregistered. Though, one of your brother mutated unequal share, all the legal heirs (6 members) will get equal share. You said one of the brother migrated by taking cash and gold as his share, but this has to be proved by any documentary evidence, otherwise you have to give share again to him.
Answer #2
982 votes
you can challange the partition by claiming partition through a civil suit in civil court under the partition act 1872 and hindu succession act and you need to tell the details of partition which already existed and the quantam of share to be alloted as per the acts

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