Case Background:
My Grand father Purchased 6 acres of land near Bangalore and registered it in his name in Dec-1984.He has 3 sons and 3 daughters (my father is the eldest among all the sons). My grand father passed away in 1986. Apart from the above mentioned property he had other agricultural and non-agricultural land in his name at the time of his death. There was no Will or any other claims left behind by him. The entire land/property owned by him had a clear title.
In 1988, all his children decided to divide property among themselves. The property was divided on mutual agreements between all the siblings (daughters and mother got some sites as part of this division). They prepared a partition deed (parikat) which was agreed and signed by all the children and their mother (total 7 divisions).This document was not registered in related revenue office.
Based on this Partition deed, khata was transferred to individual's name and they were enjoying the property. Some of them even sold some part of the property or constructed houses in their property. The 6 acres land khata (which we are discussing now) was also transferred to my father in 1991-92.
In April 2006, because of some reason, on 2nd son's demand they decided to create one more partition deed (parikat), where every thing was same as old document except the new document excluded these 6 acres of land which is in my father's name. My father was asked to sign on this document. He honestly believed his brothers and sisters, and signed on the document. It was then signed by all his brothers, sisters and mother. This new document doesn’t mention of sold or transactions done by any of them till the period. This document was registered in revenue office.
By the time the second partition deed was made, KIADB (Industrial development board - a govt organization) had sent a land acquisition notification to my father (for the above said 6 acres land).
Notification was sent only to my father as khata was in his name. My father acknowledged notification and land acquisition started. None of his brothers/sisters/mother raised objections for the land acquisition.
The land price was announced and KIADB sent notification for land compensation to my father. After knowing this, 3rd brother submitted a civil case in the court asking for the share in 6 acres land in
Nov, 2007. He has also submitted a stay in KIADB to hold the compensation amount until the case is decided.
Need your opinion for:
1. Can this land be considered as an ancestral property?
2. Considering the above scenario, can my father's brothers/sister still claim share in the land/compensation related to this land legally?
3. Since daughters have already got their share during 1988 partition and they have signed the partition deed document also, can they still claim share in the above said property?
4. As per recent law, daughters can claim equal share in ancestral property. Will this rule be applicable for this case?
5. What are the rights of grand children on the above said land/compensation money?
6. How does court consider partition deeds made several times or registered/non registered partition deeds?
7. Since the first partition deed was made in 1988 was it necessary to register it at that time?
7. In this case what are my Father’s chances of winning the case?
