1. yes your father can file a civil suit for ownership on the whole property.
2. Ellarikam child has no right in ancestral property.
3. in this condition your father is the only owner of the ancestral property.
Sir Agriculture land& house has gifted from my grand father's brother in law to my father's brother due to my grand father has left away from home in 1960s. After wards my father's brother has left from home(after died of 1wife,gone for 2nd marriage like girl ,in Telugu called 'Ellarikam'),after that property has devided in between my father&his brother . In this situation 1wife 'son is there....my father 'brother has died, 1/2 part property has done 'virasath' on the name of his son. The question is can my father suit in the court for that property's only owner,due to his brother gone to 'Ellarikam' like bride?
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1. yes your father can file a civil suit for ownership on the whole property.
2. Ellarikam child has no right in ancestral property.
3. in this condition your father is the only owner of the ancestral property.
your father has only 50 per cent share in proeprty as per divison done between him and his brother
2) your father on brother demise cannot claim brother share
3) it would devolve on brother legal heirs
If we can suit in the court,for proofing of my father'nrotherthat has "Ellarikam son in law" Wich documets are necessary? prasently we have no documentary proof about Ellarikam......
your father is not the absolute owner of land
2) you dont have any documentary evidence of Ellarikam...
3) you would be wasting your time and money on litigation
What you state may not find any mention In law.
However your father can file a suit seeking partition and separate possession of his share on the basis of his relationship with the deceased beneficiary.