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Partition deed done in 1973
This question is regarding a partition deed made in the year 1973 of a Hindu undivided family in kerala. The deed was made by the head of the family, a matriarch, who was a widow at the time of this deed. The deed was made by her for the landed properties ahe received from her ancestors and of her deceased husband's properties. The deed was made for herself and her 6 children and 5 grandchildren. The first 7 being herself and her 6 children in the order of their ages/birth. The deed clearly sates that the family property (property she received from her ancestors) will be distributed among all 12 heirs equally and the property she recieved from her deceased husband will only be distributed/given equally to part 1 to 7 (herself and her children. No grandchildren) and no share can be given to anyone else other than this first 7 members. The deed clearly states that and everyone has agreed to it and signed. But the actual partitioning of the deceased husband's properties included all 12 members. And the "must be distributed equally" clause was also violated. Some members received more portions. The deed was made in 1973. Some of them did not pay attention to the wordings/clauses in detail and those who understood the deed kept quite as they received more. My question is after so many years (more than 50 years) do the members or their descendants, who were tricked/deceived stand a chance to challenge this deed in a court of law? Can the share given to the 5 members other than the ones mentioned specifically in that part of the deed be retrieved and repartitioned equally among the rest? Please help
Kolkata
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