Legal partition on grand father's or anchestor's property

This query is : Resolved 

21 April 2017

Dear Experts,

My Grand Father's Ancestral land of around 40 Dismil in Prime Location has been already sold by My Father’s Younger brother without hindering to My Father’s Advice in last few years.
I have Clear Registered Legal Heir Document where my Father is Eldest in Family Tree of my Late Grand Father's Property however My Father has not so far filed any Claim Or Objection Petition.
Can I go ahead file an Objection suit Claiming Partition on Late Grand Father’s i.e Ancestor’s Property which has been sold without any proper Partition to Elder Son including his Grandson’s ?
Please advice urgently

Dr J C VashistaOnline (Expert)
22 April 2017

File a suit for declaration, partition, possession with permanent and mandatory injunction through a local lawyer.

DEBASISH.M1 (Querist)
22 April 2017

To expedite filing by next week with legal heir document, Can we pray for "Stay on Sell proceeding including mutations" as retrieval of Property documents including EC , Khata etc can take time from Records.

Dr J C VashistaOnline (Expert)
23 April 2017

Mutation of property do not confer title, it is for revenue records.

What are the properties involved?

Consult and engage a local lawyer for proper appreciation of facts and documents and advise.

N.J.S.Rajkumar alias narasimhaOnline (Expert)
23 April 2017

Agreed with Experts

Rajendra K Goyal Online (Expert)
25 April 2017

May proceed as advised by the experts.

T. Kalaiselvan, Advocate Online (Expert)
09 May 2017

In my opinion you may have misconceived the concept. Grandfather's property is not ancestral property in your hands.
Your father has a share in the property that was left behind by your grandfather.
If he feels that his brother is doing injustice and selling the property by himself, then your father can file a partition suit seeking partition and separate possession of his share of property.
You may not be eligible for filing a suit during your father's lifetime.
Confirm status of the property.

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