Legality of gpa

With the given facts and circumstances of the case, the proposed partition suit may not be maintainable. As per my understanding of the law, the Plaint may be rejected under Order 7, Rule11(d) of the Code of Civil Procedure.

Your step to proceed for partition of questioned property will be of no use as the property was in name of your grand mother who executed a power of attorney in favour of your brother and thereafter your brother executed a gift deed in favour your mother who also transferred  the property by way of giftdeed to your brother,all transactions/transfers of property has been done in legal way so you can not get succeed .

Go through that G. P. A. carefully. Does it authorise your brother to transfer the property, especially by way of gift? If not, he cannot transfer it by way of gift and in such a case, the gift deed executed by him will be of no value. But in such a situation, your grandmother will remain as the owner of property. You have not mentioned whether she is still alive or not. Further, there are some rulings which state that owner of building can be different from the owner of the land. So in whose name the house was standing? Was it in your father's name? If it was, then how about filing a partition suit for partitioning the house?