Partition suit

Querist : Anonymous (Querist) 09 September 2011 This query is : Resolved
I am having a piece of land. It was transferred to and is in name of my mother by my Grand father(being self acquired by him)by way of Gift deed.The land was divided into three parts. One part goes to my mother and other to my first uncle. We both are having the possession of our share. Now after my Gandfather demise, the third piece remains in his own name as it has never been transferred to anyone. Though the third piece of land is under the possession of my second uncle and he is living there with his family. Can i claim partition of my share in third piece of land being possession not under my control but to second uncle.The house tax and water tax still in the name of my grandfather and still pending to be paid except electricity bill in name of my second uncle. Guide me remedies available to me to get my share as legal heir. What steps i need to take to take possession of my share at earliest.Can i use my share for raising loan from bank. The original registration documents of whole land is still with me.Note that no will and registration for transfer was ever made by my grandfather. Its urgent. As required by experts following are the details :
The date of death of my grand father : 10.07.2006
The date of gift created by grandfather during his lifetime :02.03.2002
the number of sons he left on his death(my father and all uncles):3 sons and 1 daughter (all are alive)
I am only son of my father.
The facts are One plot divided into three parts by my grandfather. One part goes to my mother (his daughter in law instead of my father), second goes to my uncle both by way of separate gift deed on same date and third part remained in my grandfather's name. But third part is under the possession of my second uncle since lifetime of my grandfather and continues after his (grandfather) death also. My query is whether my father or me (any one) can claim partition of third part which remained and left unregistered. House tax still of third part pending to be paid is in my Grandfather name.
And here Grandfather is not maternal but paternal side.My mother and my uncle got property from separate gift deed on same date.

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R.Ramachandran (Expert) 09 September 2011
The property in your grand father's name will go equally to his legal heirs i.e. his son(s) and daughter(s) and his widow. From your post, it appears that your grand mother is also no more.
Therefore, your father can stake his equal share in the said property. You as the son of your father CANNOT ask for or demand the share. Only your father can ask for his share.

Raj Kumar Makkad (Expert) 09 September 2011
I do agree with expert Ramachandran.

prabhakar singh (Expert) 09 September 2011
I agree with opinion expressed by Mr. Ramachandran

Shastri J.K. (Expert) 09 September 2011
I also agree with expert Ramachandran.

M/s. Y-not legal services (Expert) 09 September 2011
Am also agree with mr.ramachandran

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