Sir,My grand father had 5 sons and 2 daugters & he acquired the property-site and along with the help of sons he built the house in the year 1937 and without making will he passed around 1950.his sons & one daughter( who was detacched from husband) and their family were living & gradually all the sons,daughters & their family are living seperately.Only the 4th son's childrens(3) are living in that house now. 2ndson of my grand father was not married & he is dead now.like wise 1st son was married & didn't had had any heirs.& both 1st son & his wife are dead .so,after the death of my father who was 3rd son to my grand father,(i am the only son and my mother was dead long time back around 1975),my one surviving aunty and her eldest son(ie one eldest daugter of my grand father) and 5th son of my grand father( he had his wife and 3 sons) decided to do the partition deed .since the 4th son of my grand father was also dead & his wife was also dead,two sons & one daughter of the 4th son also agreed to partion the property, since they were leaving in that house & wanted clarity in the documents or they wanted to enjoy there share in the property .We also taken confidence of the eldest son of 2nd daughter of my grand father and he has agreed to partition the property .( both his father & mother were not alive at that time & all his 5 brothers & one sister wre major and he told us that he has taken there consent for partion,we didn't went insisted for Registered GPAfrom his brothers ,since he told that he convince the that immovable proerty sharing is between sons & their heirs & daughters will get only cash,since as their mother was born earlier to hindu succession act1956 and.So after taking lawyers consultation & govrnment stamp paper writer we registered the partion deed in 6/3/2006. After this deed one of 1st daughter and also my uncle ,5th son of my grand father also passed away in the year2009 & 2007. Now as per the partition deed the property is dvided and seperate khata was done in the year 2010 and till now we are paying the taxes individually.Now we entered into sale agreement with one customer & all the khata holders have agreed & went for sale. We have taken advance & customer told us that as per the family tree of my grand father we need get signatures during sale deed registration .Since my 2 aunty's family memebers are around 12 nos.,he suggested to get a registered GPA to the eldest sons(who were signatories to the partion deed) from 2 family. We agreed and we signed the registerd advance agreement and taken the advance money .Once again they two elder sons of my aunts family agreed for this sale transaction & agreed to get the GPA done from their brothers & sisters and they have also signed as witness signatories to the advance agreement .Now after this they are telling that their brothers are not accepting this partion deed and asking 1/5th share in the property sale amountt or they will except equient amount or lttle less.My self & my self and my aunty(5th sons of my grand father and surviving wife and their sons),and the heirs of 4th sons of grand father had agreed to give some amount as arisina kumkuma amount as curtesy to 2 daughters family members of my grand father,since they had already taken money and signed the partion deed.The amount which is given is around 15%( for both the family) of the sale value. Now they are saying they can't sign,since the 2005 amendment act to HSA1956 says they should get 1/5 th share and theiy are telling us that some high court case in karnataka has said that even daugters who are born before 1956 is also eligible for the share in the property ;but they also say that the casr is not settlled & both the parties have gone to supreme court.So we told that there is no act as such & we have to accept that no act is there & the amended act deosn't give any rights as per theirviewpoint & should accept the amount what we are giving & also the commitment their elder brothers has given recently ,while taking advance.They are aso not caring for the partion deed.Can the customer execute the sale deed with the three khata holders without asking for signatures of my 2 aunts twelve heirs?We are telling that we are khata holders& form 3 holders and my 1st aunty and the eldest son of my 2nd aunty have executed the registered partition deed in our favours after taking their share in terms of cash. Can My auntys heirs challenge this in court & stop the registration?If customer agrees for khata holders signatures,can we go ahead with sale registration?
Pls send your answers without fail.
