1)it is necessary to go through the property papers to advise .

2)it appears that some properties were purchased in name of great grandfather and grand mother . on their death property devolved on your grandfather and his brothers and your father and his cousins . you have not mentioned when your great grand father died .

3)prior to 1956 property standing in name of great grand father would be ancestral in hands of your grandfather and father . if property was not subdivided and no partition had taken place how was property sold by your cousin grand father ?

The property inherited by a person from his father is ancestral in his hands. He is not the owner of the property, he is entitled merely to hold and manage the property as the head of the family for and on behalf of the family. The ownership of the property is in the joint family consisting of himself and his sons.As a result of the co ownership the possession and enjoyment of the property is common. Hence the coparceners cannot alienate the

property except for necessity without concurrence of all coparceners

4) on your grand father death his interest in property would have devolved on all his legal heirs including his daughters

5)as on date mutation has been done in your father name in property . if your uncle has filed suit for partition you have to fight suit on merits . it is necessary to go through averments made in suit and reliefs claimed to advise .

1. As rightly pointed out by Mr.Sethi at the outset, it will not be possible for us to say anything with a tinge of exactitude without first going through the documents.

2. According to the facts furnished by you the properties were purchased by your great grand father in his own name and in the name of your great grand mother. If your great grand father died without a will then all his surviving heirs i.e his sons and grand sons succeeded equally to this property.

3. Unless the property was partitioned in accordance with the law it could not have been sold by your grand father's brother. It is possible that a settlement deed might have executed between your grand father and his brothers. This property, being inherited property, was ancestral property for your grand father and all his siblings. Ancestral property belongs equally to all the share holders and no single share holder can claim an exclusive right in it. It cannot be sold before it is divided. It belongs to the hotchpotch of the joint family. In the absence of a consensus reduced in writing by all the surviving heirs the undivided property could not have been sold in the first place.

4. Your father's sisters cannot claim any share in the property which fell to the share of your father after partition.

5. In view of the fact that your uncle has already filed a case for property division you should engage a lawyer and contest the case on the merits. The lawyer whom you will consult will be in a better position to guide you as he will have the privilege of having all the relevant documents including a copy of the petition filed by your uncle in front of him.

you can take 30 years or more title search in Bihar . find out agreement wherein your cousin grand father sold their share in property . consult a local lawyer in Bihar for title search . based on feedback proceed further

It will be apposite to ascertain the antecedent title of this property. The antecedent title can turn the tables either way in the court. The settlement deed must be stacked somewhere in the records. You need the assistance of a local lawyer in Bihar for carrying out the title search.

if your paternal sisters are born prior to 1956 then surely then dont have a share in the property.

but if they have born after 1956 then they are entitled for a share

however, if you could prove that there was already a division of property and the same has been acted upon by the family members, then you will definitely be successful.

however, if documents described by you are perused a better opinion can be given.

RTI can be filed, albeit it will not yield any desired result. The results which a title search conducted through a lawyer can produce in such a case cannot be obtained through RTI.

RTI wont help you . it is necessary to take search of local records for last 30 years or more as already advised earlier

no it wont take long time . maximum a month . further it does not involve lot of money . you have to do search for 30 years not 5 years .

Legal battles demand money and passion for justice. So whatever money is to be incurred, cannot be avoided. It will not take longer than a month. Search for the past 30 years.