My Grand Father (dead) had 6 acres of self acquired property.
He had 3 sons - Ramanna, Huchanna & Thimmanna (all are dead).
Partition is not made.
I'm Ramanna's only son. Moved out of village at younger age. My Father and Mother both dead when I was 12 years and I was forced to move to another village and started living with my relatives and later settled in bangalore working in a factory for my living.
Thimmanna & his wife didn't had any childrens.
One of my Uncle (Huchanna's) son - Suresha has made sale deed with Thimmanna and purchased 2 acres of land before a year of Thimmanna's death.
He says we have made oral partition and he has purchased Thimmanna's share.
This oral partition is not mentioned or registered anywhere but they have made entries in RTC records without my notice or signatures before making this sale deed.
All 3 sons - Ramanna, Huchanna & Thimanna getting 2 acres equally and is mentioned in RTC records.
Not sure if they have suppressed me and my father in family tree (if they have submitted during the sale deed made between Suresha and Thimmanna)
In sales deed they mention only one Huchanna & one Thimmanna has made partition in front of panchayt members in 1998 and divided the property. I have not signed in this sales deed, In fact not aware of this sale deed and got to know after few years.
My Father or Me don't get any attention here, particularly sale deed and partition they are saying.
If we move to the court for partition, considering on the above sale deed -
1. Do Thimmanna still get his share as he is dead and don't have legal heir ?
2. If Thimmanna gets share, will it go to Huchanna's son Suresha ?
3. Do Suresha also get share in his Father's portion after partition ?