I have been reading up on the forum regarding family settlement or partition deed and have been trying to get my head around it. I have a case which is pretty complex to me. So here goes:

Here’s the background, there is a piece of land which has been undivided for 3 generations:

1. Generation 1 had A,B,C (3) brothers (all of them passed away)

2. Generation 2 sons of gen1 - A had 4 sons, B had 3 and C had 3 again (some of them passed away)

3. Generation 3 has a lot more people

There was no will/division from A,B,C as they owned a large property and were happy with it.

Now due to internal strife gen2 wants to distribute the property.

1. In case some of gen3’s sons has passed away, the PoA to agree to partition will pass on to widows, sons or daughters?

2. What will be the correct process of division? I mean, should the property first divided among gen2 (3 parts)? Will gen2 sons require representatives among themselves to allow 3 part division? Then for people to divide among themselves?

Or should it be equal 10 parts?

3. What is the validity of a non registered deed? I see that Bihar’s stamp duty is at 6%. Given the size of property not many are ready to register it. Is Settlement deed the cheaper of the two? Or Partition?

4. There is an auxiliary piece of land. It was owned by one of Gen1. He had then given it to all three families (including his) but in the name of elder sons wives. Will that land be part of division too?