Fact of the case:
My grand father had substantial land which he was inherited from his father/grandfather. To avoid land ceiling in Bihar in 1969, my grand father gifted 5 acres of land to my elder brother through registered gift deed which was known as Attarnama. At the time of gift my elder brother was 9 years old and I was not born. At that point of time my father had 4 daughters, one son and my uncle didn't had any child. At present my father and uncle are quite old, they have separated in all respect but they are not able to resolve the separation legally on paper. After death of my grandfather, my father had agreed and given possession of 50% share to all parcel of land to my uncle including 5 acres of land gifted by my grandfather to my elder brother. But my elder brother is not agreeable to give any share/right from 5 acres land either to my uncle or to me. My brother attitude has been delaying family partition. Though gift deed (attarnama) specify name of my elder brother, after my birth in 1971 my father started giving land revenue ( in respect of 5 acres) jointly in my brother and my name. Land revenue receipt (Malgujari receipt) reflects my and my brother name jointly.
Question :
(1) Can my uncle get 50% share in the said 5 acres of the said land through partition suit by making gift null & void as my grand was inherited that land which can be considered as joint property
(2) Can I get 50% rights in the said property through partition suit in view of the above fact.
(3) I also want my share from the property. All my family members including my 5 sisters, father, uncle (except my brother) wants amicable partition of the family properties. My sisters have not shown any interest in the joint properties, but they also wants amicable partition between me and my brother. How to resolve the issue ?
