Ancestoral proeprty is occupied and not shared

It is believed that you are all Hindu.

Confirm!

Submit the WILL to authority to act upon it, without any cloud on it and fulfill the requirements of process/procedure of ‘Testate Succession’.



The authority under whose jurisdiction property falls has set procedure for such matters of Testate Succession and it is usually available on website on authority also.



Download the procedure and also the docs etc required for it.


Usually certified copy of the WILL, death certificate etc are required and authority may also ask for legal heir certificate/affidavit NOC from other legal heirs/advt in newspapers.

Therafter obtain mutation updated records showing share of all lega heirs.

Your grandfather has been fair and reasonable and provided equal share to all sons that is also as per succession laws, except that as per succession laws (Hindu) his  mother (if alive on his date of death) and wife also had equal share.

If the WILL has been acted upon without any cloud on it then the share is as per it.

Your father share devolves equally upon his Mother (since she was alive on his date of death), wife, sons,daughters....................

If amicable settlement is not possible approach court. 

As the second uncle is in possession of the property, just getting title for you and first uncle is not enough.  That you require eviction of second uncle from your property and possession of the same by both of you is also important.  So, on the basis of the will, you have to file a suit for possession arraying all necessary parties.  Note, that as your father has expired, over the part of his property (1/3rd of  the property), your mother (if she survives) and  your other siblings have right and it has to be equally divided.  Engage an advocate in Machilipatnam.

Originally posted by : Kumar Doab
	If the WILL has been acted upon without any cloud on it then the share is as per it. Your father share devolves equally upon his Mother (since she was alive on his date of death), wife, sons,daughters.................... If amicable settlement is not possible approach court.

"Your father share devolves equally upon his Mother (since she was alive on his date of death), wife, sons,daughters....................if the WILL is not valid"