Father purchased 8 1/2 Acre Land in 1975 from income received through ancestral properties & entered in revenue records on 2 son name at the age of 12 years directly without any registration documents.During 1992 ,2nd son registered 4 AC to 3 rd son from the same land through gift registration as a witness of father & subsequently mutation done in revenue records ( both major ).After 2nd son expirired during 2002,then left over 4 ½ AC land transferred to his wife,as father allowed ,as its part of their share.Then father registered other ancestral property 20 AC lands to 1st ,4th,5th,6th sons through gift deed equally each 5 AC during 2009(6 sons & 2 daughters). Now 2nd expired son wife & daughter filed partion suit in the court claiming their share in the other lands, as its claiming ancestral property without indicating that 4 1/2 land which was transferred to their names.
Q1.8 ½ land is belongs to all family members.(Yes/No)
Q2.Since gift registration done from 2nd son -3 rd as father witness instead of partion deed,then 2nd son family CAN claims its belong to excluvely to them.(Yes/No)
Q3.Father can claim as (90 Years Age) ”I have purchased through joint income & given to 2nd son as part of his share(oral), after that ,,he gifted to his brother as per his own wish from his received share.I have not make any partion as my younger son is 15 years age . Then ,he already received his share,Hence He can,t get any share of other ancestral property.( Yes/No) .
