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Right in property

(Querist) 19 April 2013 This query is : Resolved 
sir
my grandfather had divided my fathers share in 1992.
the property was ancestral which belonged to forefathers.
my father is illeterate and he had mortgaged
the agriculural land of 8 acres which he aquired as his share
to give financial help for his brother's business.
his brother deceived him saying that he will repay
when he can earn as he had lossed in business.
i was 6 year old when this happened in 1992.
we are 2 sons to our father.please kindly inform me if that property
is considered ancestral and can i ask for my share in it irrespect of the mortgage etc.
our father and we are living in poor condition as mechanics.
will we get share in the property since it is forefathers property
and was mortogaged without our knowledge as we were minors at that time.
thankyou.
ajay sethi (Expert) 19 April 2013
how did your grand father divide property? was it through written agreeemnt ? was land transferred in your father name ?

has the agricultural land belonging to your father been sold ? ho was money given to his brother ? was any writing executed?
R.K Nanda (Expert) 19 April 2013
state full facts.
Raj Kumar Makkad (Expert) 19 April 2013
As per facts provided by you, the property of your father is under mortgage means the same is not sold as on day. The mortgage deed and its mutation should be obtained from revenue record and you should consult with the local lawyer so that your further course of action may be decided.


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