Inheritance of father

your father, ur uncle, ur father,s step mother(legally wedded) have equal share in the property, definately ur father can file a suit for partition and separate possession of his equal share and further also obtain an injunction not alienate the joint family properties pending disposal of thepartition suit.

Sir,

  You mean inspite of making document claiming as owner fo herself, we can still claim share in it?? Do we need to file any evidences in this scenario??

  Can you please elaborate on this, I'm new to legal proceedings???

since your great grandfather was the original property owner, it becomes jointfamily ancestral property as reagrds your father, ur grandfather did not have any right to encumber the joint family property, without first effecting any valid partition amongst the joint family members. So without ur grandfather himself not having any title, he cannot pass on any other valid title to a third party. Furhter more the nature of the document that ur refrreing to needs to be looked into. for further clarificarion u mail me at legalarrow86@gmail.com

Interesting...... here the important point/fact is the time of writing of the agreement or settlement in favour of ur step grand mother.

We will examine in the information in back drop The Hindu Women's Right to Property Act, 1937 and The Hindu Succession Act, 1956 .

I am presuming ur Hindus.

Yes we're hindus. It was written when my grandfather has expired and there was no income for her. She went to the landlords,who were initial property holders before my great grands were and got herself pattadar passbooks issued on her name. Due to lack of any documents with us, we're unable to proceed furthur.

Well plz clear ur facts.

UR  great great parents were owners.

UR step grand mother got agreemnt in her favour as she has no income to keeo land and recive income.

And accordingly the land was got in her name as written as pattadar by ur Great parents in her favour.

Pause here can you approximately tell the year because The Hindu Women's Right to Property Act, was encted in year 1937. It agve absolute rights to woment to own land land absolutely even granted for mainatinenece etc.

Now what I understand the n only the land portion specified to her (step GM) can be held by her and not the entire land.

It will go to ur father his brother etc .manpreet1961@gmail.com

1. UR  great great parents were owners

Yes. But they didn't have pattadar passbooks on their name.

2. UR step grand mother got agreemnt in her favour as she has no income to keeo land and recive income.

Yes.

3. And accordingly the land was got in her name as written as pattadar by ur Great parents in her favour.

No. The person who sold land to my great grand fathers helped step grand to get passbooks on her name

The year of purchase goes back to may be 1940s may be and the agreement by my father to their step mother was given in may be 1983.

  No. The person who sold land to my great grand fathers helped step grand to get passbooks on her name.

Was the above person related to u step otherwise or could ahve relation with step  grand mother.

The q is inmportant as the provison wof Act came in force after 1937 burt itr had to do with family sttlements and not with rank outsiders.

1. Was the above person related to u step otherwise or could ahve relation with step  grand mother.

No. They are not relatives to me or her.