Partition Deed - Regarding Ancestral Property of my mother
Sir,My name is Naveen Kumar.
There is ancestral property(22 sites of DC Converted land of total 29 Guntas and one 36x18 built ancestral house coming under Bangalore Urban District)of my mother(Son1 the eldest,Daughter 1 is my mother,Son2 and Daughter2 totally to my maternal grandparents) and unknowingly she and my father have given their consent after DC Conversion on 2008(I was 18 and my brother 16 at that time) by signing the Panchayat Parikhata(Partition Deed) without any clue about the amendment "Daughter has equal rights in the ancestral property" according to Hindu Succession (Amendment) Act, 2005.
The deed (attested by a lawyer) named "Panchayat Parikhata Patra"(Partition deed) is done by making 5 Schedules A,B,C,D and E with three major shares(Schedule A,B,C comprising of 1st share having 7 sites for her Big brother,2nd share having 7 sites for her second brother and 3rd share having 8 sites for her father)and the inbuilt ancestral house divided equally
to only sons) and 5 originals given to all 5 people.My maternal grandmother expired in 1993.
Out of 5 Schedules, in her father's share the two schedules added were Schedule D and E and my mother got 2 sites(Out of which one site was purchased by my parents from my
grandfather giving 2 Lakh Rupees to enable DC Conversion as nobody in her family agreed to give more sites before doing DC Conversion)
and my aunt got only 1 site. All these sites are not yet registered in Sub-Registrar's office.
Now due to the space to be left for Roads,our grandfather is telling us now a new story.
My grandfather gets 2.5 sites on one side,1.5 sites on the other side of 25 -Feet Road,Son1 gets 6 sites in one side, Son2 gets 6 sites in one side, and the two daughters will get 1.75 sites and 0.75 site respectively in one side of father's share after road construction.
Please Note: My maternal uncle1(son1 of my grandfather has 2 daughters both majors) and second maternal uncle2(son2 of my grandfather has 1 son and 1 daughter both minors) and my aunt(daughter 2 of my grandfather and the youngest has only 1 daughter and she is minor)
The daughters are getting sites of Dimension 30x40 in their father's share and both the brothers have some odd dimensions in their respective shares(both nearly getting 7200 sq.feet out of 38100sq.feet or 29 Guntas)
Both the daughters want to demand few more sites from our grandfather's share or if possible for equal share, but he says what ever left over after road will only be given and not even an extra inch of land.
My parents are fully frustrated and had no proper sleep after I told them about the their mistake of signing the partition deed without thinking about the legal consequences before.
I have few doubts and seriously I need the experts' advice or any valuable help in this regard:
Is there a provision that both daughters or their offsprings(I and my brother both majors, but my aunt's only daughter is a minor) can claim for more sites
or equal share even now after partition deed?
With the partition deed done taking all legal measures,Is there any other legal provisions and /or legal complications to fully cancel the duly attested
and signed Partition deed by daughters claiming equal rights in ancestral property?
If my grandfather disagrees to give extra sites,what are the legal measures to be undertaken by his daughters?
In case if he agrees to divide equally the left over sites in his share to his daughters,
Do we have to do a separate partition deed in his (schedule C) and daughters schedule(D and E)?
If it is so, do we need to get the signatures of both of my maternal uncles and their family members and what are its legal consequences?
In case if my mother expires before registration,who will sign the registration of our share(1.75 sites) only my father or both of us(I am 24 years and my brother 22 years old)?
Do we need the signature of all the respondents pertaining to my grandfather(meaning the sons,daughter-in laws and their off-springs)?