1) it is necessary to perusse gift deed, partition deed top advise

2) The partition deed regsitered is final and binding upon parties

3)grand son has no share in said property . it is not ancestral property

4)property which has remasined undivided for 4 genrations is ancestral property

5)on grand father demise his property would devlove on grand mother , sons and daughters

6)grand sons will get share only if their father dies intestate

7) it is better deed of partition be executed among legal heirs of grand father

8) repartition is not possible as partition deed is binding upon the parties . if all aprties agree then only fresg deed of family settlment can be arrived at

Q1. Now will this Gift to my Grandmother is legally valid? Where so called gifted property is mentioned in Registered Deed 1987.

If the gifted properties has a mention in the registered partition deed that were registered in the year 1987 and have been accepted by other shareholders, then it can be considered to be valid.

Q2. Are the Deed registered in year 1987 legally final for property settlement among all three Grandfathers?

If it was mutually agreed by all the shareholders and there was no dispute on that among them then it can be considered as final settlement among them.

Q3. Can Grandsons get his share in proper if property is not equally settled among my fathers & Uncles? (After all its Grandfathers Property against Registered deed 1987)

The grandsons do not have shares in the grandfather's properties.

Their fathers may have a right to a share in their father's properties provided they have died intestate.

Q4. Will the proper firstly partitioned among "Father & Uncles" and then Grandsons will get the share from their respective fathers share?

Even if your grandfather's share in the properties are partitioned among his children, the grandchildren do not have any rights in such partitioned properties even through their respective fathers.

Q5. My Uncles (Four out of Six) has filed a complained in Sub Division Magistrate (SDM) Court to help in partitioned the property among 6 Brothers. Now what should be Our Stand (Grandsons) against this Complain?

As said, during the life time of yor father you as a grandson do not have any rights in the property, your father can participate in the legal proceedings of the partition suit.

Q6. Is there any possibilities of Property Re-Partitioned at fresh note among 3 Grandfathers if refuse to accept Registered Deed 1987?

There are no possibility r reopen the same if the parties to the registered partition deed of 1987 are not living anymore.

your grans father could have executed gift deed in favour of grand mother of his share in property . i presume gift deed was duly stamped and registered

2) your grand uncle can file suit to set asidfe gift deed

3) wait for court to passs decree for divison of property by metes and bounds

4) partition suits talke 15 years to be disposed of

5) file suit to set aside sale of property by uncles if it falls in your grand father share

1. Though there is no clarity about this gifted property in the registered partition deed of 1987, the fact that this property was gifted to yor grandmother was known to other grandfathers especially when the possession of the same with your grandmother was known to others, but nobody disputed about it then and the original owners who may have a dispute over it are no more living, the said registered gift deed may not sustain any challenge and it will remain transferred vide the gift deed.

Any dispute in that regard at this stage may not be maintainable especially if there is a mention about this property in the subsequent registered partition deed in the year 1987, moreover it may even attract law of adverse possession owing o the fact that this property was transferred vide a registered gift deed in the year 1986.

It requires an experienced technical skill to retrieve the property by nullifying the registered gift deed before the court roping in all the evidences and circumstances to establish that this gift deed was managed fraudulently.

Ans to Q5a: It is for the complainant to prove their case.

Actually this is a civil mater and such partitions can be effected only through civil court in case of a dispute prevailing in it. The SDM's verdict can be challenged in the civil court and can be made as null and void owing to the circumstances by which it was based and decided.

When the same is tried by the SDM's court, your father may appear and deny the allegations and challenge their validity as well as territorial jurisdiction.

Ans to Q7:

In a partition suit the entire properties may be brought before court and partition of the entire properties including the properties already sold have to be shown as schedule of properties and shares and separate possession of respective share to be claimed from the entire properties.

Let the court decide about the properties that have been sold in case the parties which have sold the said portion of properties defend themselves or agree to share the sale consideration amount equally as per court judgment.