Legal Question in Real Estate Law in India

four brothers, there was a 6 item, SY NO 11/1, 16,17,38,22/2,28/2 property in the family , in that one item Sy no 11/1 was purchased in mother name ,there was a oral partition in the family during life time of father in1966, leaving property which was in mother name Sy no 11/1, which is self acquired property of her,according to that brothers were in possestion and cultivating there shares of land in sy no 16,17,38,22/2 28/2,later on mother mortegage her property sy no 11/1, for Rs700, for her maintance in 1969 `to third sonGOVINDAPPA ,and regestered this mortegage deed, later this mortegage was redemeed by her fourth sonNARAYANAPPA by paying Rs700 to his brother in 1974,and shara was written in the same mortegage deed,possession was handed over to Narayanappa under withness of her mother, actually this property was left to fourth son Narayanappa mariage expendeture in oral partition, that's why this mortegage was redemdeed by Narayanappa, but releasing mortegage deed was not registered, Narayanappa was in possession for 17 years, after death of her mother in 1987, again brothers made one pal parikat in 1990 according to oral partition ,leaving mother property sy no 11/1, which was in Narayanappa possession, and records were in Narayanappa name,after this second brother Ramaiah [Plianttiff] put partition suit OS NO208/ 1991, in sy no 11/1, aganist Narayanappa and Govindappa[Defendent,1and 2] claiming 1|3rd share,but there is on clear title from mother to Narayanappa,but sy no 11/1 RTC and Mutation was in the name of Narayanappa based on release of mortegage, when there was pending suit Narayanappa alinated property to laxman, purchase agreement in 1994 and registered in 1997, Laxman became party to suite, and he died in 2003, his wife Defendent3] is attending case.my Question on behalf of D3 is, [1] pliantiff in his written statement states that we are in hindu joint family, this is joint family property,it's not divided among brothers after death of his mother, but in oral partition in 1966 this property sy no 11/1 was left to Narayanappa, mother in his mortegage deed her self stated that there was partition in the family,but there is on record for oral partition expect mortegage deed, so that we can claim that this property is left for Narayanappa, but in pal parikath also this sy no 11/1 property was not included, but in all other sy no 16,17, 38,22/2,28/2 partition was done in 3 shedule, A,B,C, actually there was 4 brothers, D shedule was missing in parikath,in 1973 elder brother Venkatappa was dead living his wife Ashwathamma and one son Channappa,elder brother Venkatappa property in 5 survey no,SY NO 16,17, was purchased by Ramaiah[Pliantiff] ,and SY NO 38, 22/2 28/2,was purchased by third brother Govindappa in 1975 from his wife Ashwatamma under registered sale deed, when Venkatappa son was minor 14 years .actually both Ramaiah and Govindappa collided together and put partition suit aganist Narayanappa.this is sufficiant to cliam that there was partition earliar,with out partition how Ramaiah and Govindappa purchase property of elder brother Venkatappa share from his wife Ashwatamma, and in palparikat in 1990 suit schedule property was not included,and elder brother share was not shown in pal parikat, only A,B,C, shedule. partition between second ,third and forth son,pliantiff in his suit is not included all the joint family property, only suit schedule property is included and he has not made all the family members party to this suit, pliantiff in his evidence states that during life time of his father in 2 items of there joint family property partitioned, during that time elder brother Venkatappa and his wife Ashwatamma were not alive and there only son Chanappa was not residing in village at that time, but in the same survey no pliantiff purchased property from Venkatappa wife,and in remaining survey no,[D2] third brother Govindappa purchased, now D3 has included all there joint family property, pliantiff has got 2 sister's, pliantiff in evidence has stated that one of his sister is dead, but 2months back 2sisters came to court to became party to this suit,in 1992 elder brother Venkatappa son Chanappa put partition suit OS NO 7/92 aganist his father second brother Ramaiah and third brother Govindappa , cliaming possession of property in sy no 16,17,38,22/2,28/2, which chanappa mother sold to ramaiah and Govindappa when he was a minnor,Actually ramaiah and Govindappa cheated Ashwatamma after her husband death, Chanappa in his written satatement states that there was partition in the family during life time of his grand father,property of venkatappa share was forcefully purchased by ramaiah and Govindappa taking advantage of his father death, in chanappa case he has not made Narayanappa party and he has included sy no 11/1,but this case dismissed because of not attending court. now chanappa filled Application to became party to Narayanappa case Os no 208/91 after 19 years , Now ramaiah govindappa,two sisters,and chanappa joind together to harase D3 bcos land value in this area is increased, can we cliam by adverse possession?can this suit will degree in our side? pls guide us bcos, i think that our lawyer and opposite lawyer collided together fr personal gains

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