Case history
1) In 1976, while employed and living as a government employee in Hyderabad away from parents who were lving as earning heads of their household in Warangal, my father, 1st son of his father, purchased plots 128 and 129 (833.4 sqyds) in Warangal for Rs 6000 through a single registered sale deed. Relations among family members soured soon after. Father registered gift and sale of parts of plot 129 to his elder sister in 1990, grand-father expired in 1995, father registered sale of another part of 129 to same sister in 1996, grand-mother expired in 2010 and that sister expired in 2011. All mentioned registered deeds cite plot 128 as my father's.
2) In 2018 father registered gift of plot 128 to me and I constructed compound wall with house in it and got a municipal house number after contesting in writing with municipality and collector office against my uncle's (2nd son) sons' parallel application for house number to same property under nefarious flase claims that they constructed the room and wall. Uncle's sons then trespassed into property and manufactured evidence of possession but got immediately booked by me under a court numbered Criminal Case for trespass. Nevertheless they filed an interim and permanent injunction suit against me citing ownership and possession exhibiting an unregistered 1990 partition deed, a 2015 release deed and the manufactured evidence as proofs and claiming plot 128 was bought by my father form jt funds. I countered the partition deed was fabricated and plot was purchase by my father with his self earned funds. The court refused to accept the 1990 partition deed as evidence and dismissed interim injunction suit and is now hearing the permanent injunction suit.
3) The exhibited 1990 partition deed shows signatures of grand-father and all his sons (including my father), except his 3rd son, and distributes properties registered and unregistered on grand-father's and grand-mother's names by metes-and-bounds and citing an unseen affidavit allotts 433 sqyds of plot 128 to 2nd son (uncle). But the "partitioned" properties never changed names and till date stand on grand-father's and grand-mother's names and possessions.
4) The 2015 release deed, executed behind my father's back by grand-father's 2nd son in favor of his 2 sons, says they each obtained 1/3rd of the 433 sqyds and that the 2nd son releases his 1/3rd to his 2 sons for a certain amount.
New Material
5) Now the 2nd son has whatsapped me B&W pictures of below two affidavits on Rs 10 notarized unregistered stamp papers:
----A) 14-1-1986: shows as written and executed by my father stating my grand-father had paid Rs4000 earned by my grand-father to vendors of 1976 sale and had registered 433sqyds on my father's name, and that my father is ready to register it on my grand-father's or his nominee's name, and that neither my father nor his heirs have any rights on that property henceforth, and that henceforth all rights (hakku bhuktamulu) on the property belong to my grand-father and his heirs my father and his heirs.
----B) 15-1-1986: shows as written by my father and executed by my grand-father stating that my grand-father having acquired rights to said 433 sqyds through the above promisory note gives to his second son 350 sqyds of it in excahange for dowry and gifts received during his marriage and 83 sqyds of it in exchange for Rs 9984 received in cash, and that henceforth all my grand-father's rights (hakku bhuktamulu) on that 433 sqyds belong to the second son or second son's heirs.
Query
6) How legally enforceable are the two affidavits? My father was posted away in Hyd from 1975 to 1985 and in far away delhi from 1985 to 2006. During his absence, especially from 1985, 2nd and 4th sons who lived with grand-father sustained an environment of isolation, intimidation, and harassment towards aging grand-father. It is possible fearful of circumstances and pressured by them father and grand father acquiesced to execute the affidavit during one of his visits to Warangal. In fact I have evidence of my father providing money for purchase of other family assests registered on the grand parents' names before and after purchase of the subject property, including Rs 5000 for a property purchased and registered in my grand-father's name in 1978.
