4 Answers
Hello,
First and foremost we need to understand how was such property gifted to your brother. You need to challenge the deed of gift. Secondly, as the property is not in your name your right to file a partition suit is very weak.
I suggest you take proper legal advice using the paid platform and get in touch with an advocate for more in depth discussion.
In your circumstances, it is legally and strategically better to file a partition suit directly, instead of executing a partition deed and challenging it later.
You can file the suit as an indigent person if you have no means to pay court fees, and seek interim protection or residence rights through court orders.
Dear Sir/Madam,
Dear Sir/Madam,
Once you execute a registered partition deed, it carries strong legal presumption of correctness.
Challenging it later requires proof of fraud, coercion, misrepresentation, or undue influence — which is difficult and time-consuming.
Until it’s set aside by a competent court, that deed will operate against you.
Therefore: never execute or sign any partition deed that doesn’t reflect your true, fair share.
If You Have No Money to File
Don’t worry — there is a legal remedy.
You can file the suit as a “pauper/indigent person” under Order 33 Rule 1 CPC.
You must show that you do not have sufficient means to pay the court fee.
File an IA (Interlocutory Application) along with the suit stating your financial condition.
The court will examine and, if satisfied, allow you to sue without paying court fees upfront.
Once you get your share, the court may recover that court fee from your portion.
Self acquired properties and gifted properties cannot be subjected to partition. So you have no locus standi to file suit for partition.