Settlement of self acquired properties of father and mother
My father and mother have jointly executed two gift deeds in 2005 in favour of my two brothers to give their self acquired properties which were having specific clauses that the settler of gift have no right to modify or cancel the gift deeds. Still, both these gift deeds were cancelled by them in 2009 unilaterally through registered cancellation deeds. These unilateral cancellations were not communicated to my brothers and so they were yet to be challenged by my brothers in court of law. Meanwhile my mother has died in 2012 and my father has died in 2022. These cancellation deeds have been entered in records at Sub-Registrar's office. However possession of these properties are still with my two brothers.
Also, my father has executed gift deeds in 2009 and 2012 in favour my third brother to give his self acquired 2 house properties. My father has further executed a gift deed in 2015 in favour of my third brother to give his self acquired 2 house properties. So now all the 4 houses are in the name of my third brother got through gift deeds from my father.
Now the properties given to my two brothers stand in the name of my father and mother due to cancellation. We the 4 brothers as legal heirs to my father and mother intend to give the same properties to my two brothers. Also we intend to give one house each to my two brothers which are presently in the name of my third brother.
Can we execute partition deed among all 4 brothers to give these cancelled deeds properties to my two brothers?. Also, can we include the two houses in the name of third brother in partition deed to be executed so as to give one house each to my two brothers.?