Is the gift deed valid? what to do next?
My father and his younger brother had partitioned in 1957 by a deed registered at the behest of his younger brother, but he refused and dodged to act upon the partition till my father' demise in 1970. In 1986, I, the youngest of three brothers asked for my share from my uncle since he was acting like de facto the head of both the families while my other two brothers remained silent. My uncle and my brothers thought I would not ask for my share if i was given a house. So they bought a house in the name of a private limited company as its guest house and put it in my possession in 1983 telling me that it was my house and all of them put me in possession with house warming done by me which was arranged by all of them. . When I discovered house being not in my name I insisted on getting my share in all the properties. We brothers had shares in that private limited company where the majority share was with our uncle and his sons. My uncle wanted to ease all of us out. My brothers knew that and accepted a house from the company in lieu of our (equal) share in the company. in 1986 with out my knowledge by a registered settlement deed, I am still in possession paying all the house, water and electricity charges from 1986 till today. The original documents are still with my uncle.
In 1997, I filed a criminal case against all of them including my two elder brothers for criminal conspiracy, cheating and forgery. Anticipating such development my uncle with certain intention to reign me in, had already got a gift deed executed and registered in 1994, by my eldest brother in the name of a public charitable trust run by my uncle and his sons in which my other brother was also a trustee, And also in 1994, he purchased from my eldest brother 2,72 acres of land bout of 16 acres in my possession in the name of his 7th son part of claiming it is ancestral property. We brother have not till date any formal partition done. Each of us enjoying certain properties.
Month after I filed the case , the public charitable trust filed a civil suit demanding partition of the house not mentioning possession since one of the trustee being a doctor wanted to run a free dispensary. This trustee was also my co-brother who divorced after 13 years and three children and died in a car accident in Jan.2000. In 1999 Oct. the case was dismissed in supreme court with the observation that the impugned high court judgement shall not prejudice when I recourse to other remedy. Mr. Arun Jaitly was our lawyer. I left it at that.
Civil suit on the house was withdrawn in 2004 after 7 years with nothing happening at all. The suit on the land was decreed in their favour in 2004 April and nothing was done till date. In 2000 my eldest brother also passed away. In 2012 my other brother executed a settlement deed in my favour. Is the gift deed to the trust valid at all from the start? My brother declared himself as karta of family when estate duty was paid after our father passed away.. My brother has 3 sons and 4 daughters. Your advice would be of great help. Please .