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How to get share in the disputed Ancestral Property


19-Jul-2023 (In Property Law)
My grandfather died without any proper will but a written statement on the division of property among his 4 sons. My father was working outstation for more than 20 years. In the meantime, my uncle had taken possession of our grandfathers ancestral home saying he had paid money for avoiding the auction of the said house and cleared my grandfathers debt and as such the house belongs to him. He has further made a gift deed of the house to his wife. All property tax, EB and water tax is currently in his wifes name. When we got back in 1998 and applied for the EB, water tax it was denied to us stating that the matter was in civil court. Kindly advise if our part of the house can be got back by my father. We do not have any records except that my father was one of the sons and the partition intent written by my grandfather. Currently we are staying in our portion of the above said house but my uncle has issued injunction order for evacuating. Kindly advise the action to be taken.
Answers (2)

Answer #1
731 votes
Hi.
You said injection order but you not say about case details for example now case is pending or not.
Document are not important for filing a case.
Answer #2
783 votes
Sir/Madam,
Your matter need to be studied deeply, what do you mean by written division of property? is partition and got registered?, if your father is having his right in the property let him conduct a case or ask him to defend the case initiated by your uncle. Better you consult any advocate in person along with available documents/records for further clarity.

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