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]
In the given situation your father shall be entitled to 1/8th share in the property left behind by your grandfather.
2. In light of the latest interpretation of the SC judgement on daughter's anscetral property entitlement [http://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.
The supreme court judgement shall not applicable to this situation because all the legal heirs are entitled to a share out of their deceased father's share who died intestate.
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 ?
Encumbrance certificate alone cannot decide title to the property.
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 ?
The property cannot be mortgaged if the co-sharer has not consented therefore it is clear that the borrowers have suppressed the facts material to issuance of loan or created fake document or forgery to obtain mortgage loan.
Your father can seek partition and disown his liability towards the loan amount to which he is not a party.
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.
Your father can file a partition suit an also file an application seeking injunction restraining others from further alienating or creating anymore encumbrance n the property till the disposal of the suit.