Partition Suit Hiccups
Sir, my mother and my father are separated (without divorce) since when I was 1 year old due to their internal family disturbances created by my father, his parents and his brother's family. I am staying with my mother. I had served the Indian Navy and am an ExServiceman at present. My father's family had some ancestral property of 14.68 acres agricultural land and approximately 1600 square yards residential in our native village in Guntur District, Andhra Pradesh. But there is no written proof regarding this ancestral property. In the year, 1998 my father and his brother had entered into a partition of ancestral property on a white paper (unregistered and unstamped) in the presence of two witnesses (one expired) and sign of the then village incharge whose license is not valid. My father got 4.2 acres of agricultural land (spiltted in bits and pieces) and 700 squareyards of residential land. My father's younger brother got the remaining of the property of 10.48 acres agricultural land and approx 900 square yards of residential land. The reason cited for this unjust division of ancestral property is that my father's younger brother (uncle) had not got any employment and my father is a government employee and staying away from family. Since, my father had got manipulated / influenced by my uncle, he had not opposed the same. In the year 2005, my father had settled a gift deed of his unjust share of ancestral property on my name. In the year, 2009 my uncle and his two sons had partitioned the remaining ancestral property among them. In all the registration documents, including mine, it is mentioned that the property is ancestral. Now, in Feb 2015, I had approached lawyer for legal advice regarding this unjust division of ancestral property. He had adviced me to file a partition suit regarding the same. I had filed the suit the same day in February, 2015. I had given my registration document copies, my uncle's registration copies, related ROR1B and Adangals. Now my Advocate is claiming that, the court officials are holding the case since there is no written proof regarding the ancestral property, so they cannot register the case ! Is it like this ?! What shall I do in this scenario to get the suit registered and get the numbering of the case ?! Can my mother also file a maintenance case separately ?Please advice me.