land dispute

Querist : Anonymous (Querist) 28 January 2011 This query is : Resolved
Sir,
my mother & mother's sister & her brother are three childrens to my grandfather . My grand mother died of cancer ten years back. since then my mother & her sister are denied of no property .
They have three properties ! But my grand father supports my uncle only .
How could we get the property as we dont know on whose name is that ( grand father or grand mother )
Pls help

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Devajyoti Barman (Expert) 28 January 2011
If your grandfather has died intestate and your uncle is not giving the due share to your mother and aunt then any of them could file a suit for partition to claim their 1/3rd share in their father's property. If any or all of it has been bequeathed to your uncle only at the exclusion of his daughters then let your uncle come with proof. Your grandfather can give his self acquired property to his uncle at the exclusion of his daughters but not his ancestrl property.