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.

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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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