Share
My mom died interstate in 2015 leaving behind myself, my sis & dad. There were some inherited & some self acquired properties in both Andhra Pradesh and in Tamil Nadu. In 2016, my dad registered a partition deed in which he partitioned only 1 uncultivated land in AP jointly to me & my sis.other 2 lands in AP to him & also income generating self acquired properties in Chennai. He told he will maintain the properties and that’s y he is keeping everything in his name and aft him anyway everything is for us. I was 21 & unmarried my sis was 28 & married. But with trust on our father we signed & registered it. In 2018, I got married & within a week my Dad married another lady without our knowledge & promised us that he would write all the properties to our name after him. That only pension will be given to that lady. Also he wanted to sell a property in AP which was acquired by him in partition but AP govt didn’t recognise the registration made in TN. But in Chennai the properties changed to his name in EC. So in Feb 2022, both we & dad signed & sold tht property in AP. Even me & my sis were added as vendors. In April my dad died interstate & now that lady who told only my dad’s pension was enough till his lifetime, as soon as the funeral got over, created problems occupied all the properties saying she requires 1/3rd share in all. She is childless But her brother is behind all these troubles caused by her. We even told we will settle 2 crores when she asked a house to reside but she denied that and started asking 5 crores or 1/3rd share in everything keeping the partition deed in front. But these were my all my mother’s properties. Nothing was earned by my dad Now we hav to challenge partition deed but the limitation is over. How to take this further even though the limitation is over? How to tackle this?
Question
My mom died interstate in 2015 leaving behind myself, my sis & dad. There were some inherited & some self acquired properties in both Andhra Pradesh and in Tamil Nadu. In 2016, my dad registered a partition deed in which he partitioned only 1 uncultivated land in AP jointly to me & my sis.other 2 lands in AP to him & also income generating self acquired properties in Chennai. He told he will maintain the properties and that’s y he is keeping everything in his name and aft him anyway everything is for us. I was 21 & unmarried my sis was 28 & married. But with trust on our father we signed & registered it. In 2018, I got married & within a week my Dad married another lady without our knowledge & promised us that he would write all the properties to our name after him. That only pension will be given to that lady. Also he wanted to sell a property in AP which was acquired by him in partition but AP govt didn’t recognise the registration made in TN. But in Chennai the properties changed to his name in EC. So in Feb 2022, both we & dad signed & sold tht property in AP. Even me & my sis were added as vendors. In April my dad died interstate & now that lady who told only my dad’s pension was enough till his lifetime, as soon as the funeral got over, created problems occupied all the properties saying she requires 1/3rd share in all. She is childless But her brother is behind all these troubles caused by her. We even told we will settle 2 crores when she asked a house to reside but she denied that and started asking 5 crores or 1/3rd share in everything keeping the partition deed in front. But these were my all my mother’s properties. Nothing was earned by my dad Now we hav to challenge partition deed but the limitation is over. How to take this further even though the limitation is over? How to tackle this?
Answer ( 1 )
Challenge the partition deed saying that there was oral agreement between the parties by which the said partition deed was set aside and as per oral Will of the father, since these properties belonged to the wife which were self acquired by her, the partition of ancestral property could not have taken place. moreover after the demise of the mother, if you have given up your claim by mentioning therein that the same is being signed so that one person can manage the properties then in that case whatever share would have fallen to the share of your father on partition of self acquired properties, the second wife can claim only from that. Since you are the children, the share falling to the share of the father would have to be divided into three. Challenge the partition deed and obtain status quo order. the second wife will not be able to get any benefit from these properties as she will not be able to sell, mortagage or do anything with these properties.