Dear Mr. Raghu RajeGowda,

I seek your opinion regarding the limitation period to challenge a registered partition deed under the following facts:

In our family, a partition deed was executed in 1999 between four brothers. Out of the four shares, two brothers received one share each, while the remaining two shares were clubbed and allotted jointly to the other two brothers — one of whom was disabled and the other was taking care of him.

Now, after about 12 years from the date of the partition, the remaining two brothers are claiming one-third share from the disabled brother’s portion, on the ground that he did not execute any will in favour of the brother who looked after him.

My questions are:

Can a registered partition deed executed in 1999 be challenged after 12 years?

Does the 30-year limitation period for civil suits apply in this case?

Would the ground that the partition came to knowledge recently or that there was illegality in its execution be sufficient to overcome the bar of limitation?

For reference, one advocate has opined that since it is a family property, the disabled brother had an equal right, and any misunderstanding or illegality in the partition could still be challenged if it has come to light recently.

I would appreciate your expert opinion on whether such a challenge is legally maintainable at this stage, and what limitation or bar may arise in these circumstances.