Legal Question in Family Law in India
Type Your Question Here...respected sir i am dr.prasad. working as a medical officer at govt hospital . i myself and my elder sister are the two children for my parents. i am aged 50 years and my sister aged 55 years . in year 2003 after my mother"s death partition deed was done .in that i got 70% of property and my sister got 30% because she was content with what was given to her.and the deed was not done forcefully . it was registered at the subregister"s office in year 2003. for 12 years i have paid the corporation tax for my property got through partition deed. 70% of property which i have got is from great grand father 30% is from father , my legal question is after about nearly 12 years and after all the formalities of partition deed was done legally at sub register"s office , now can my sister think she has not got even share of property as per hindu succession act 1956 , does she have the rights to approach the court or what are her limitations with regard to hindu succession act 1956 ? . -- thanking you dr.prasad. .
2 Answers from Attorneys
Dear Dr. Prasad:
In this case, a lot would depend on the language drafted in the registered Partition Deed of 2003. The claim would be deemed to have been relinquished once the deed is executed and registered. She had limitation of three (3) years for cancellation of such partition deed that too on the ground of fraud, if any.
Dear client after 12 years she can not ask for revocation of partition deed. If she will do it then court will reject her petition. For any legal help call me on 9604349028 or 8446247807
Adv prasad patil