My uncle (Father's brother) is in possession of a copy of deed (Tamil - Uruthi Mozhi Pattiram - that was executed in the 70's) from the registar's office (we don't know where the original is). The deed starts out stating that my grandfather, my father and his two brothers collectively executed the deed. The deed ends stating that my grandfather only had executed the deed. The copy of the deed only has my grandfather's signature, but looks like the registar has collected finger prints of all (grand father, my father and uncles) along with a couple of witnesses.
The contents of the deed states that my grandfather and his sons (my father and uncles) have agreed that they all are part of a HUF (Hindu Undivided Family) and any property they have earned or will earn in the future belongs to the HUF.
My grandfather, my grandmother, my father and my mother are no longer alive, to know the actual facts. My uncle, based on the deed wants 1/3rd of all properties my father earned. We (my siblings and I) were not aware of this deed. However we did come across a document (on a stamp paper) in our father's storage, executed in the 1980s that stated that he and his brothers do not live as a HUF, signed by him and all his brothers, but its not registered.
My questions:
a) Assuming the 1980s document is not enforceable because its not registered, how much of the 1970s document can be enforced?
b) My father has worked for the state goverment all his life and has always filed income taxes as an individual and not as HUF. My grandfather has never filed income taxes as he did not make enough. Is this ample evidence to throw the 1970s document as frivilous and non-intended.
c) Is there anyway to enforce the 1980s document?
d) Can we claim that my father could not have gifted his properties to HUF, since as a part of HUF he can only gift immovable properties for pious reasons?
e) any other thoughts to quash the 1970s deed.
