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Grand father Property

(Querist) 13 April 2010 This query is : Resolved 
Hello, My Grandfather has some property on his name and he did't write or sell anything to anyone it was then distributed between my father and his brother(my uncle) now half the property belongs to my father in which my brother is enjoying the rice mill from last 25 years any though its consist of both plain land and a rice mill, we all(my brothers and sisters) had our share now he is telling that it belongs to him only, some our brothers and sisters are taking his side.
can you tell me does still we had our chance to get it back ? what the procedure for that and how much % we will get for each sister and each brother?

does only the persons will get share who raise the case or all the children?
please help me and tell me how much time it will take through court procedure.

Thanks in advance.
Raj Kumar Makkad (Expert) 13 April 2010
You and all your brothers and sisters have equal share in the share of the property left by your father. You should file a civil suit for partition and seek specific possession thereto.
adv. rajeev ( rajoo ) (Expert) 20 April 2010
your father will have to file a suit for general partition and separate possession of 1/2 share of your father.
If it is already given to your father thru., regd., partition deed by your grandfather to your father and your uncle, then your father will have to file a suit for declaration and possession.


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