My father in his lifetime got properties from different sources:
1. Inherited ancestral property from his father (ie.my grand-father) through their partition. - Property#1
2. His business/establishments that he earned in his lifetime -Property#2
3. Gifted property through his mother (- he often mentioned to all children that none of us have right in it.) - Property#3
In 1982, he valued and partitioned the (Property #1+ Property#2). In 1981, he parted the property to the first two sons through registered relinquishment deeds and he mentioned in the deed that they do not have anymore rights to the joint property (it is only blood relationship and not business/economic). He got the other three sons married through the earnings. In 1990, he divided the rest of the (Property#1+Property#2) into three divisions to three sons and he executed a partition deed such that three sons get the inherited properties (Properties#1+Property#2), while his partition had only Property#3 and no part of #1 or #2. All his life he kept saying what he owned was gifted property and none of the children has any right. All daughters weddings were done the traditional hindu/indian dowry/gift way.
In 1994, my father passed away intestate (without writing any will). After his death, my last brother who stayed with my parents transferred my father's property (property#3) to my mother's name through katha transfer and all the property is under his position. The first two son's filed for a partition suit - OS 25/94.
Question:
1. Does the first two son's who had relinquished their right to the joint family have any rights to the intestate property?
2. Is it legal for my last brother to transfer the property to my mother's name through katha transfer.
3. While the court sessions were going on, the last brother start borrowing money from public and started misusing in a big way upto the tune of 45 lakhs.
4. In 1999, I settled all his loans through disposing some of my personal properties and borrowings. In good will/gesture, all my family members asked my mother to gift her entire property(property#3) to me(4th son) and her 2nd son. property#3 had land and home.
4.1 She executed two gift deeds for land for her 4th son and 2nd son.
4.2 The home was gifted only to the 4th son.
For the first two gift deeds(4.1), all family members have signed as witness. For the 3rd gift deed made out to the 4th son, all family members have signed except the 2nd son who was opposing the gift deed.
After the gift deeds were executed all of us parted our ways in good faith. 2nd son who had filed OS 25/94, submitted the gift deeds to the court and brough 'lis pendens' against the property and suit went on, During the suit, the first son declared to the court saying that he has received all the property from the joint family and he has no share in the disputed property. The 2nd son continued on there was a preliminary decree made out saying the 4th son has 1/9 share to the property and it did not mention of gift being cancelled
There was hearings to the final decree proceedings, family convinced him to withdraw from the FDP, which he did. Gift deeds were not cancelled
Based on above :
1. Does the gifted property belong to all nine or only to those gifted?
2. Can the gift deeds be cancelled after 17 years?
