Partition deed
We had 8 acres ancestral agriculture land of which 4 acres were commercial crops. We are two sons and one daughter. My father passed away 22 years ago. I am not staying in the ancestral house for the last 28 years ever since I completed my 10th grade.
I work in Bangalore and have own house purchased from my own earnings (Tax paid legal salaried income).
We executed a partiion deed July 2017 with consent from all the 3. Our sister did not take any property under the conditions of treating her with respect and inviting her for family functions which is mentioned in the deed.
Same with mother who has not taken any portion under the condition that we take care of her well. Out of the 8 acres I took 4 acres of no crop growing land. As per the agriculture tax my brother owns 70% and I own 30% though we both got 4 acres each. This partiion deed was registered at Subregistrar office with thumb and photo online where all of us signed (my mother, sister, brother and myself). My brother's wife and children and my wife and children are not mentioned as parties in the partiion deed.
Subsequently I converted the land to Non agriculture.
After coming to know about this, my brother started treating sister and mother very badly (violating the rules of partiion deed). My mother lives with my brother and he is not even allowing to talk to her over phone.
1. Can he contest partiion deed based on any ground. e.g. current valuation of property?
2. Can he contest partiion deed based on he himself violating rules? I am ready to take care of my mother if she is ready to stay with me at Bangalore? But she is not ready to come to town.
3. Can his children contest?
4. Can he contest stating he is owner of HUF and my Bangalore house should have been declared as ancestral property?
5. Can his children contest the same? They are 11 year old twins.
6. I had paid lot of money via bank transfer whenever he needed help. He never returned those. Based on these transfer can he claim my Bangalore house is HUF property?
On July 1, 2018 he gatherered few elders in the villege and with no reason, has forced me to take possession of two acres commercial crop land via a registered power of attorney. This GPA allows me to sell, gift etc.
If I now sell as per the GPA, will he be able to contest partion deed? He is trying hard to contest partition deed since he thinks NA land value is huge which is actually not the case.