Can I challenge a partition deed after 10 years legally?

My father, the first son, and my grandfather equally contributed to make a property, which was in the name of my grandfather. However, my grandfather sold the property without the consent of the first son and gave the money to the second son, who used those funds to acquire more property during my grandfather's lifetime. A partition deed was signed, stating that 'the grandfather and the first son together gave 2 lakhs to the second son, and the second son forfeits any claim on the property of the grandfather and the first son.' In fact, we never gave 2 lakhs to him, and no properties are mentioned in the partition deed. Is the deed valid or invalid? Can I challenge it in court? It has been 10 years. Shouldn't this property be considered as joint family property, and shouldn’t my father have received a larger share? Please provide a solution.

3 Answers
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A M Iktear Uddin (Anik)
Advocate A M Iktear Uddin (anik) Answered: 17 Jan 2025

The partition deed can be challenged if you can prove misrepresentation or fraud regarding the ₹2 lakhs mentioned. However, as 10 years have passed, the limitation period may bar the claim unless you recently discovered the issue. If the property is proven to be joint family property, your father may have a claim to a larger share, but legal advice is essential.

Ayantika Mondal
Advocate Ayantika Mondal Answered: 17 Jan 2025

Since your father contributed to the property's acquisition along with your grandfather, it qualifies as joint family property under Hindu law, and your grandfather's unilateral sale without consent could be challenged. The partition deed can be contested in court on grounds of misrepresentation and fraud since it contains false statements about the 2 lakhs payment, though the 10-year delay might pose challenges under the Limitation Act - consult a property lawyer immediately to evaluate your case.

Admin
Advocate By LEAD INDIA Answered: 09 Dec 2024

Sir, you can challenge the partition deed on the grounds of fraud, misrepresentation, and lack of consent, especially if the money given to the second son was falsely stated. Since the property might be joint family property, your father may have a right to a larger share. It is advised to consult an expert lawyer who will assist you with the best course of action. For further legal assistance contact us on our helpline number.
 

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