Legal Question in Real Estate Law in India

I am preparing to file a partition suit. In which I decided to insert my mother`s property which was declared as a joint family property through affidavit in one previous case by my mother and this case was disposed without non appearance of both plaintiff and defendant. In meantime my mother is planning to settle her property to other brothers by executing settlement deed. My doubt is

a) can I apply for cancellation the settlement deed through filing the case?

b) In general, let me know time limit for filing the set-aside petition in sales or settlement?


Asked on 7/06/11, 4:37 am

2 Answers from Attorneys

Professor SOMNATH MUKHERJEE MUKHERJEE ASSOCIATES(Cell +91 9874753359/ 9477781578)

you will not secceed in your propesed case.You have no right to file this suit as your mother has right to settle her own property absolutly.

Professor advocate SomnathMukherjee

Mukherjee Associates

7A,KiranShankar Roy Road

Kolkkata-700001

(M)09874753359

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Answered on 7/06/11, 8:51 am
Shrichand Nahar S.V.Nahar, Advocate

a. May be. Depends on cause of action and your right.

b. Generally, 3 years.

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Answered on 7/06/11, 9:46 pm


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