Back ground
My family house in Kerala, considered as more than 200 years old, is undivided for generations. The partition deed circa 1960 among my dad and his siblings states that the Family House would remain un-partitioned and every member of the family has equal rights. The deed among my grand father and his siblings circa 1930 also states the same clause. We don't have any deeds prior to that with us.
Situation
Even though the house was not assigned to anyone, my grand father lived there and looked after the house maintenance. No other family member raised any claims. Then my dad (with family) lived with my grandfather there looking after him while all his siblings lived out of state. Grandfather passed away in 1989 and my father, mother and kids (including me) lived there. My dad and mom passed away recently.
The annual tax for the property is still being paid in the name of my grandfather.
Question
- Is there any legal right where in the property can be assigned to me or my brother?
- As there were multiple branches in the family and we are not sure who all have rights on it.As the partition deeds for generations said that the property cannot be divided, is there any legal provision that we can exercise to give any monitory compensation to extended families and assign the property to one person?
Thanks