Dear Friend ,
You are having only two options in your hand either go for the family settlement or go for the Declaration , Partition and Possession Petition in the civil Court of your area jurisdiction.
There is no checklist in filing a civil suit for the above purpose, it is a simple suit in which you have to first establish with the proper evidences that the property is an ancestral one (This can be traced by the Due Diligence report od the Sub-Registrar office and enries in the Khsara and Khatauni books of the agricultural land in Question with the concerned Patwari of the village under Tehsildar office and Sub-Registrar of the land and property..
Secondly, you have to mention the list of the all living/ serviving family members as legal heirs of the deceased from whom the father has got the ancestral property as each and every person of the legal heir will get equal share as per his/her claim.
These type of cases, take not much time unless these are protested and contested by the other side. However, it will not take more than 3 years in any case if it is prepared and presented by a good and experienced Advocate of the field.
For further legal assistance on nominal charges, you can contact undersigned on below given phone number.
Advise, always take assistance from an experienced and well educated Advocate of the field. You can see my credentials on site for my appraisal.
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Anand Bali, Adv.
(B.Com., M.A., LL.B., M.B.A.)
Supreme Court Of India,
High Court & District Courts of Delhi, UP & UK.
For Civil, Criminal, Property, Recovery, Consumer,
Service & Family Dispute Matters.