My question is can my son or daughter who are less than 21 yrs of age file a case and challenge the 1959 partition deed saying My grand father had no right to partition ancestral property in to 6 divisions it was against law. Now after getting properties in the 1959 partition deed, the daughters of my grand father ie: my aunts are now claiming for equal partition in the intestate property of my grand father. Kindly advice
Your grandfather had very properly partitioned his share of ancestral property into 6 shares and allotting one sch equal share to all his 5 children and retained one share for him.
During 1959, the daughters were not entitled for a share in the ancestral property at par with the sons of the family, however your grandfather was magnanimous to share the properties equally to all of his children.
Once a property was partitioned it loses its ancestral identity or status, therefore the subsequent generations do not have any right to claim their share on the basis of coparceners in the ancestral properties whose status is extinguished.
Now to the intestate share of your grandfather.
The legal heirs of your grandfather, i.e., all his 5 children are entitled to a share in the share of property of your grandfather who left it intestate upon his death.
Therefore there is no legal infirmity in your paternal aunts claiming an equal share out of the said intestate property left behind by your grandfather.