My grandfather had two wives. My father is the son of first wife and she died in 1951.My grandfather died in 1973 and he is survived by my father, my father's sister's husband and children from the first marriage. From the second marriage my grandfather is survived as on date by 2 daughters and 3 sons+ one deceased son's widow + two sons.All the property owned by my grandfather was ancestral property and he did not leave any will at the time of his death. The property is some agricultural land, house and a plot.
My father now aged 70 years has tried to amicably resolve this and acquire his lawful share but on each occasion he has been duped and they got his signature and sold some land and then refused for partition. Since last 18+ years we have not given our assent to any of the transactions. Now I have decided to pursue this matter to it's conclusion. I need your guidance in the matter.
Some questions:
1. What is the share my father is entitled to in the property ? [ surviviors - First Marraige :my father, father's sister's husband and two children + Second Marraige : 2 daughters + 3 sons+ one deceased son's widow + two sons]
2. In light of the latest interpretation of the SC judgement on daughter's anscetral property entitlement [https://indianexpress.com/article/india/india-news-india/supreme-court-sets-2005-cut-off-on-women-right-to-ancestral-property/] since my grandfather died in 1973 will his surviving daughters and my father's sister's husband and his two children have any right in the property ? My father's sister died in 1992.
3. At the moment the Encumberance Certificate for the agricultural land has names of my father's sister's husband and his children + my father's step sisters. can those names be removed ?
4. From the EC I see that my father's step brothers have taken loan on the agricultural land after mortgaging it without my father's consent. So what should be the legal standing of the bank's action? The bank is a co-operative bank. Please correct me but I believe one cannot mortgage a property and take loan if the property is held jointly. What do we do to get the loan off the EC ? How do we question the bank ?
We are all for settling the matter amicably but it's not been possible. What legal actions can be taken to get our share ? Considering the way courts work in our country I want to also know how do we stop any usage of the land in dispute unless the same is partitioned.
Thanks in advance for your help!
