Grandsfather property

Querist :
Anonymous
(Querist) 23 June 2010
This query is : Resolved
My Grandfather left a property in his four sons names which is in uttar Pradesh,this property is in the form of cinema hall 1.12 acres, all the brothers are living in this land in their own respected houses,with their families which they built with their own expences and of course the cinema hall is also included in this land.These brothers are staying with their families .Recently the eldest brother expired. Since i am one of the sons of my father, how can we claim our share of cinema property of which no BATWARA has been done and we want to claim our share .should i file a partition suit in the lower court to claim my share? directly in high court how many years would it take to claim our share of this plot where cinema is built? please guide
Adv.Aiyer VLV
(Expert) 23 June 2010
you are saying a land in which houses are built and cinema hall is also built all held jointly
you need to know you are mitakshara or dayabagha family
first step will be do discuss for family partition (batwara). if this is being done it is easier.
else, you can initiate a suit
please consult a lawyer and discuss, who will know local customs