There is ancestral property, which is self acquired property of my grand father. At present, both my grand father and grand mother is not alive. My grand father has one House, agricultural land and cash deposits are there.
My grand father is having two sons and one daughter and the property (Building) is divided between two sons and the partition is done by the way of partition deed which has been registered in Register Office. At the time of Grand Mothers death, agriculture land and cash deposits have been given to my father’s sister as per the Grand mothers last words.
My Father has got half of share in the property. Till before partition of property, my father’s family is staying in one fourth of the building and the remaining three fourth my father’s brother family is staying. After partition of property, we approached him to vacate our share in the building. My father’s brother is objecting to do that and even he is telling that he will file a case in court if we try to occupy.
Please note that Municipal tax is still paying in my Grand father’s name even the property is partitioned between them.
Please advise how we can take our share of property which is currently occupied by my father’s brother. Can we approach through court? If we wait for some more time, is there any chances for him to occupy full building.
