A is a father got few properties from ancestors.
B(elder) and C(younger) are two sons of A
A got entirely 80plots(from ancestors) = 21k(Sq.yards.)
and one non-agriculture land extent = 2acres.
A and B together sold(B signed as witness in sale deeds)
almost 25plots to third parties(in b/w the year 1975-1980)
without the knowledge and conscern of C(younger son of A)
when C came to know about the sales of plots,
immediately issued a public notice in news paper
as he was a legal heirs of entire properties.
after the said public notice,A and B together came forward
and accepted for partition for remaining plots ie: 55plots.
In the said UNREGISTERED PARTITION DEED, A has partitioned
the plots as fallows(partition took place in year 1981)
A = 11 plots = 3000sq.yards,
B = 24 plots = 7100sq.yards,
C = 19 plots = 6100sq.yards.
(valuation of all plots are same)
non-agriculture land has not yet partitoned.
C got less plots than B which is unequal share
all the three(A,B,C) has signed on unregistered partiton
deed for accepting as above(C has not read the partition before
signing on unregistered partition deed).
After the said unregistered partition: A,B,C sold few plots to third
parties which have fallen to their respective shares.
c1 and c2 are two sons of C.
now my questions are:
1) Can c1 and c2 challange the unregistered partition deed
(which took place in the year 1981)
2) weather this unregistered partition deed will be
marked in courts......?
