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Limitation to challenge registered partition deed ?
04-Oct-2024 (In Property Law)
Our Family executed a Partition deed between 4 brothers in 1999.Of the 4 parts, 2 brothers were given 1 share each and the 2 shares were clubbed together and allocated to the remaining 2 brothers because one of the person was disabled and the other brother was looking after this disabled bachelor brother. Now the remaining 2 brothers are claiming 1/3 of share from the disabled brother's share since he did not execute any will to the brother who looked after him. The case has been filed after 12 years the partition was executed. can registered partition deed be challenged ?
As you have mentioned it is family property your disabled brother will also get his right in the property with siblings and hence no one can grab it without his consent and he has to decide to dispose his right through his wish. As there is a misunderstanding about the partition that can be challenged whomever who is aggrieved among you by making your disabled brother as a party at civil court. Usually civil suits have 30 years time limitation. As there is a illegality you can challenge the partition deed as it came to your knowledge now or depending upon the recent developments by explaining the same to court. Consult any advocate.
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Adv. Rajesh K.S
Bangalore / Bengaluru | 700+ Answers
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the case is well within the limitation of partition. but you can contest and get it in your favour as the demands made by the other 2 brothers is un reasonable. hence i suggest you contest the case and on ur behalf of the disabled brother
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Adv. Varun Papireddy
Bangalore / Bengaluru | 50+ Answers
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issue a legal notice to him and if he is not ready to give you your share within notice period then immediately file a civil suit for partition before civil court.
12 years from the cause of action.
yes, you can club all the properties in this matter and claim your share.
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Adv. Vedashree A
Bangalore / Bengaluru | 700+ Answers
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