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Claim ancestral property written in father's name when he was a minor


17-May-2023 (In Property Law)
As per a partition document in 1950, my father's grand mother divided her land among her children and grand children some of whom were minor. A plot measuring about 6 cents was written in my father's mother's name and father's name who is mentioned as baby of 6 months old. My father passed away in 2009. His 7 siblings registered the whole 6 cents in his youngest siblings name without our knowledge in 2014.This sibling has constructed a house and is staying there with family in 3 cents. Don't my mother, me and my brother have a right to half the land? Also there is another property partitioned in 1957 wherein 6 cents is given in my father's mothers name , father's name and 3 of his siblings out of which 3rd sibling is mentioned as baby of 2 months old. This property is unoccupied.Pls let me know what steps to take in both cases.
Answers (2)

Answer #1
705 votes
A plot measuring about 6 cents was written in my father's mother's name and father's name who is mentioned as baby of 6 months old.

In such a property your father has half share (3CENT) directly AND has another share along with his siblings in his mothers property. So file a partition suit for getting his share to you .Also file mandatory injunction for demolishing the building

The same procedure also adopted in other case only the difference is that all has equal share in half portion and another half they have share with all siblings .
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Answer #2
529 votes
The facts posted lacks clarity. Why the repeated use of the word 'sibling'? This only confuses the matter further. All that could be suggested that an amicable settlement could be attempted and if unavoidable, a suit for partition could be filed.
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