They can file a suit to set aside the partition deed

2) mutation of properties has to be done in the name of the legal heirs then only can the daughter seller share

3) it is advisable to obtain a release deed from Raja and Shanti

4) court would set aside the partition deed 

5) Partition deed can be set aside on the ground that on mothers demise, her other children also had a share  in her property

Shanti and raja can claim their mothers share and challenge the partition deed of they were not made parties. This can be only done if the property is not self acquired and inherited: they can only file partition suit once for same property unless withdrawn with liberty to file afresh

There is no mention if Poon had any self-acquired  properties. Senthil and Meena as Class I heirs will exclude Raja and Shanthi for inheritance.

1. Raja and Shanthi have no right in the property, they cannot challenge partition.
2. Meena can sell her share without consent of Senthil.
3. After partition no relinquish deed is required by any party against any party.
4. As Raja and Shanthi are out of inheritance, seeking relinquishment deed for them is futile exercise.
5. Raja and Shanti cannot claim any share cannot challenge partition between Senthil and Meena.
6. Registration of partition deed is sufficient. If possible obtain their signatures as attesting witnesses.
7. They cannot challenge partition deed not being legal heirs.
8. There cannot be second partition deed unless there is fraud in fist partition  

1. Yes, Poon's legal heirs have a right to a share out of Poon's share in the property besides deceased Guna's legal heirs towards his own share as one of the legal heirs to his mother.

2. Raja and Shanti have rights over their deceased mother's share in the property hence their consent is essential.

3. Same as above.

4. Poon's legal heirs can claim their share out of their mother's share anytime if they are excluded now by Meena and Senthil hence it is always a legal hassle if they don't relinquish their rights in the property by executing a registered release deed.

5. Yes

6. The partition deed excluding Poon's legal heirs or without they executing a registered release deed will be considered invalid insofar as Poon's share in the property is concerned.

7. The above answer suits this question too.

8. Yes, she will be well within her rights to file a suit for partition.

Poon inherited 1/4th or 25% share in Guna's estate being his class 1 legal heir 

Poon has passed away, so her properties including her 1/4th share in Guna's estate will devolve on Poon's heirs who are Raja and Shanthi

Coming to your questions - 

1. The partition between Jo and Senthil will be restricted to their parents' estate only and cannot include any asset owned or inherited by Poon including her 25% share in Guna's estate. Even if it includes it will be voidable at the instance of Raj and Shanthi who are entitled to the estate of Poon including 25% share which Poon inherited from Guna's estate

2. Yes so long as such sale does not affect Poon's 25% share in Guna's estate

3. Depends in whose favour such release is done. If Senthil secures a release in his favour then obviously Meena cannot have any claim over it. If Poon's heirs release in favour of Senthil and Meena jointly then they would be entitled to their respective shares. 

4. Cannot work legally in so far it includes Poon's 25% share in Guna's estate

5. The partition deed will be affected only insofar it seeks to deal with Poon's share in Guna's estate

6. What steps ? Meena and Senthil CANNOT deal with Poon's 25% share at all since they are not legally entitled to it. For doing an illegality there cannot be any 'steps' to safeguard against future claims by Raj and Shanthi. Their right in Poon's 25% share in Guna's estate is a subsisting right and so long as it subsist they can seek to work it up any time. Even the bar of limitation will not come in their way. Any transfer by Meena and Senthil of Poon's 25% share in Guna's estate will simply be void as Meena and Senthil would have no right or title in that share in the first place

7. Completely irrelevant and stupid question. Their right is a continuing and subsisting right. So they can work it up anytime. 

8. Partition suit for what?? Meena cannot file any partition suit to claim any right in Poon's 25% share in Guna's estate as that share belongs to Raja and Shanthi and NOT Meena. 

Here are responses to your questions, providing a legal perspective based on Hindu succession laws and property laws:

1. Is it possible for Poon’s legal heirs (Raja or Shanthi) to cancel the partition deed?

• 
  Unilateral Cancellation: No, Raja or Shanthi cannot unilaterally cancel a valid partition deed.
• 
  Challenge in Court: They may challenge the partition deed in court, but their success would depend on proving fraud, misrepresentation, or lack of proper notice during the partition process.

2. After the partition deed, can Meena sell her share of the properties without requiring the consent or signatures of Raja and Shanthi?

• If the partition deed clearly identifies and allocates Meena's share of the property, she can sell her share without requiring consent from Raja or Shanthi.
• However, to avoid future disputes, it is advisable to ensure a release deed or no-objection certificate (NOC) from all other potential legal heirs.

3. If Senthil executes a release deed from Poon’s legal heirs after the partition deed, will it be legally valid? Is it required for Meena to get a release deed from Poon’s legal heirs (Raja or Shanthi)?

• 
  Validity: A release deed executed by Poon’s legal heirs (Raja and Shanthi) in favor of Senthil would be legally valid, provided it is duly stamped and registered.
• 
  Requirement for Meena: If Meena has already received her allocated share through the partition deed, a release deed from Raja and Shanthi is not mandatory for her, but it adds an additional layer of security.

4. Potential Positive and Negative Implications of Following This Route

Positives

• The mutual partition deed provides a clear demarcation of ownership, reducing future conflicts.
• A release deed from Raja and Shanthi strengthens the title for Senthil, adding protection against future claims.

Negatives

• If Raja or Shanthi later proves that their interests were not considered during the partition process, they may attempt to challenge the partition deed, leading to legal complications.
• Mediation and subsequent release deeds may delay the final resolution.

5. If Poon’s heirs later claim a share in Poon’s estate, could that affect the partition deed?

• If the partition deed covers only the properties of Guna and Jo and does not include Poon’s estate, it will remain unaffected by claims on Poon’s estate.
• However, if Poon’s share or estate was included in the partition deed without Raja and Shanthi’s consent, they could challenge it.

6. Steps to Safeguard Against Future Claims by Poon’s Legal Heirs

• Obtain a release deed or NOC from Raja and Shanthi, explicitly waiving any claim to Guna and Jo’s properties.
• Clearly define the properties in the partition deed, limiting its scope to Guna and Jo’s properties.
• Ensure the partition deed is duly stamped and registered, as this strengthens its legal validity.

7. If a Legal Heir (Raja or Shanthi) Decides to Challenge After One Year, Under What Circumstances Could the Partition Deed Still Be Contested?

• 
  Fraud or Misrepresentation: If they prove that the partition deed was obtained through fraud, coercion, or misrepresentation.
• 
  Undivided Share of Poon’s Estate: If they establish that the partition deed improperly included Poon’s share or estate without their consent.

8. If Anything Goes Wrong, Can Meena File a Partition Suit Again?

• 
  For Unresolved Properties: Meena can file a fresh partition suit if some properties were not covered or the terms of the initial partition deed were not adhered to.
• 
  For Settled Properties: If the partition deed is valid and binding, it would be challenging to reopen the case for properties already partitioned unless fraud or procedural irregularities are proven.

Conclusion and Recommendations

To minimize future disputes:

1. Include Raja and Shanthi in mediation discussions.
2. Obtain a release deed or NOC from all legal heirs, including Raja and Shanthi.
3. Clearly document the division in the partition deed with proper registration.
4. Consult a lawyer to ensure all procedural requirements are met during mediation and partition.

By following these steps, you can secure the legal finality of the partition deed and minimize potential challenges.

Dear Client,

Once a partition deed is agreed upon, properly executed and registered between Senthil and Meena, it becomes binding on all of them, and the other heirs of Poon can't challenge it after the limitation period (which is generally three years) unless they establish fraud or concealment. Meena can sell her share independently without taking consent from Raja or Shanthi. A release deed from Poon's legal heirs can give further protection but is not strictly necessary if the partition deed clearly establishes the rights of all parties. Obtain a formal release or no-objection affidavit from Poon's heirs to secure against future claims. Claims on Poon's separate estate do not affect Guna's properties, but it is important to be transparent and to include them in mediation so that disputes may be avoided. Meena can file a new partition suit only if the previous deed is declared invalid, in case unforeseen challenges arise. These steps make sure that the legal stand will be strong and complications will be at minimum. Let me know if further assistance is required.

Hope that this helps you to solve your problem.

1. As per law , after the demise of Poon , his property would be devolved upon all his legal heirs equally , and hence they can cancel the partition deed if it is not executed by the order of the Court. 

2. No

3. Yes

4. There must a registered release deed by the legal heirs of Poon

5. Yes

6.The consent of the legal heirs of Poon is mandatory 

7. Reply as above

8. Yes

1. My understanding of succession law is Poon inherits property from guna and her share passes on to her legal heirs even after her death.

2. Prone to issues in future.

3. Yes.

4. The legal heirs of Raja and Shanthi has to be included as part of release deed.

5. Certainly.

6. Let them be put on notice.

7. Based on facts prevailing at that point in time.

8. Depending upon the facts during that time.

G.Rajaganapathy

Advocate

High Court of Madras

on mother demise her share would devolve on her class 1 legal heirs and not merely the wife and children of predeceased son 

best option is for mother to execute will that on her demise her share would devolve on legal heirs of predeceased son namely wife and children 

Yes it’s in your favour 

Dear Client,

Under the Kerala Amendment of 2015 to Section 8 of the Hindu Succession Act, 1956, Poon (the mother) gets a share through her predeceased son Guna. When Poon dies, that share willgo solely to Guna's wife, Jo, deceased,and Guna's children, Senthil and Meena, not to her other heirs, Raja and Shanthi. This amendment strengthens your position becauseRaja and Shanthi have no legal claim to Guna's property. A properly executed and registered partition deed between Senthil and Meena will prevent future disputes, though obtaining a release deed or no-objection affidavit from Raja and Shanthi as an extra safeguard is advisable. Meena is free to sell her share separately after the partition deed, and Raja and Shanthi would behard-pressed to prove fraud or concealment. The Kerala Amendment is unlikely to stand up in court. Forextra clarity and protection, includethis amendment in the partition deed.

Many possessions not owned by a Hindu woman who received them from her parents, spouse, or father-in-law are included in this section. That implies a property obtained by the Hindu female from her husband, parents, or father-in-law not be in the way of inheritance but instead should be received through any other mode like a gift, will, settlement, a transfer for consideration, for example, the purchase will be covered under Section 15(1). The property given to the Hindu female, even from her father, will not be equivalent to acquired property, so Section 15(2) rather than Section 15(1) is made by a female. A female has the privilege to get property from some other source, including property acquired from some other connection in the family, for example, property acquired from her brother as his sister or her husband's brother as his brother's widow. This property will be considered her 'general property, given under Section 15(1). The primary beneficiaries referenced are divided into five will be applied here as held in the case of Meyappa v. Kannappa.

Accordingly the share of property of deceased mother will devolve on her own legal heirs which will include legal heirs of her predeceased son

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