Doubt regarding partitioning of ancestral property and living heirs
My doubt is regarding land and its succession located in West Bengal. We have an ancestral property belonging to my grandfather’s grandfather. It is not formally divided, and portions of the land are usually known to different families in the village. ( for example, this region is for one family, another for a second family and so on) Now after so many generations, only family members of my father’s generation and after that are alive. As you can tell, there are many shareholders, and usually, one person from my grandfather’s generation had divided ( again, informally) that how much each brother’s family ( ana system, eight ana for one brother, two ana for second and so on) and what region (north/south /east/ west) will get which is mutually agreed and respected by next generations as well.
Currently, in my grandfather’s family, there are the following members. 3 living and married (1 is widowed) daughters. 1 living son, 1 daughter-in-law, and grandson (me) from 1 deceased son, another 1 daughter-in-law, and 2 grandchildren from another deceased son. ( in total, grandfather had 3 daughter and 3 sons, among which 2 sons has deceased)
As I explained the background, here are my few questions:
1. The portion of the ancestral property that succeeded to my grandfather, will that be divided into 6 parts? ( in total, grandfather had 3 daughter and 3 sons, among which 2 sons has deceased, as mentioned earlier) or 9 parts (which is the number of living heirs – 3 daughters, 1 son, 1daughter-in-law and 1 child from 2nd deceased son and 1 daughter-in-law and 2 children from 3rd deceased son, all children are adults now)
2. Does the same thing apply to the land my grandfather acquired (and not ancestral)?
3. Will the home built by the grandfather be divided similarly, or is it only divided into the son’s family?
4. As my mother is a widow and my other cousins do not have a father, my living uncle sells whatever he pleases and hands us a certain amount telling that this is our share, clearly a farce. As I was a minor earlier, I didn’t have a say, and my mother also didn’t want any contention. But how is it possible that my uncle sells land without my (when I am an adult now) or my mother’s or other cousins (whose father has demised) and their mother’s signature? ( as there is no formal partition yet. ) How can this be stopped and prevented in the future?
5. What is the process of getting the papers of the land (it is called porcha in West Bengal) as our uncle never discloses where the lands are, and other family members also have sparse knowledge and nothing in formal writing or papers?
There is no gift deed involved at any time in the process. These include agricultural land as well. As the new survey of settlement has not happened, on paper, the land and home are still in the generation of grandfathers (as got report from sub registrar's office)
I will be very grateful if some kind person can give me consultation. Thank you