brother did partition deed without sister's sign in 2002
26-Jun-2025 (In Property Law)
We are 7 children (3 brothers and 4 sisters) having 2 acres of agricultural land and 1 house at the village, and all are self-acquired property only. After my father's and mother's death (1995/2002) my second brother has convinced me and my elder brother to sign on partition deed for crop loan purposes without sister's signatures and got mutation done without registration. Now he is no more and his wife does not want to part any property to even my brothers. Can sisters file a partition suit.
Your sisters can file a partition suit, regardless of the property being self-acquired. Here's what you need to know ¹ ²:
- *Eligibility*: As legal heirs, your sisters have a right to claim their share in the property, including agricultural land and the house.
- *Partition Suit*: They can file a suit in civil court to demand their share, even if the property was previously partitioned among brothers without their consent.
- *Previous Partition Deed*: The fact that the partition deed was made without sisters' signatures and mutation done without registration might be challenged in court.
*Possible Outcomes:*
- *Equal Shares*: If the court decides in favor of your sisters, the property might be divided equally among all siblings, considering the changes in the Hindu Succession Act, 2005, which grants daughters equal rights to ancestral property.
- *Challenge*: You and your brother might need to provide evidence to support your claim, such as proof of previous agreements or understandings.
*Next Steps:*
- *Consult a Lawyer*: It's essential to consult with a legal expert specializing in property law to understand your options and the best course of action.
- *Gather Documents*: Collect all relevant documents, including title deeds, property registration, tax receipts, and any previous agreements or court orders ².
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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