1)issue legal notice to your nephew for claiming your father share in property

2) if amicable settlment is not possible file suit for partition for division of property by metes and bounds

3) seek injunction restraining nephew from selling the property

4) nephew cannot claim averse possession .

5) The possession of one co-heir is considered, in law, as possession of all the co-heirs. When one co-heir is found to be in possession of the properties it is presumed to be one the basis of joint title. The co-heir in possession cannot render his possession adverse to the other co-heir, not in possession, merely by any secret hostile animus on his own part in derogation of the other co-heirs' title. It is a settled rule of law that as between co-heirs there must be evidence of open assertion of hostile title, coupled with exclusive possession and enjoyment by one of them to be knowledge of the other so as to constitute ouster."

1.If your father had a share in the proeprty then definitely you have also share in the same which can not be relinquished by your cousins due to their hostile possession.

2. So send them a notice seeking your due share in the property.

3. If they refuse the part with your due share you can file a suit for partition and seek injunction so your share may not be sold in the meantime.

1. You shall have to first find out the schedule of the property in question.

2. You can get the said property details by obtaining certified copy of the title deed of the said property of your forefathers.

3. Thereafter, you can file a partition suit claiming your share of the said property by dividing it by metes and bounds.

4. The said property will be divided by the Court Commissioner with metes and bounds and you shall have your share.

5. Adverse possession is applicable if some one enjoys a property or part there of against the expressed wish of its genuine owner.

6. In the instant case, the question of adverse possession does not arise since you have never complained about his occupying your share of the said parental property.

In short, adverse possession is established by law if some one claiming to have right to physical possession of the property in question (need not be co-owner) can prove that he is in physical possession of the said property for a continuous period of last 12 years against the expressed wish of the owner of the said property.

Thanks for your appreciation

2) your brother can go to court and claim his share in property

1. On what basis do you cal it ancestral? A property is not ancestral unless it was originally purchased by the fourth lineal descendant and travels up to the fourth generation undivided in Hindu law. If the property is held jointly by your father and his siblings then it is not ancestral property by any method of legal interpretation.

2. If your father is not alive then his share has devolved on his heirs i.e his widow and children. Any one of the heirs is at liberty to file a suit for partition to cull out his share in the property.

3. A certified copy of the title deeds can be obtained from the office of sub-registrar.

4. Mutation is not a document of title, so even if he has mutated in his favour it does not oust the proprietary rights of heirs.

5. The portion of land sold by him can also be challenged by filing a suit for declaration of sale deed as illegal.

6. Consult a lawyer with the complete set of documents.

If you say that this is ancestral property then you have a right to a share out of your father's share in the property.

If you know the survey number then you can obtain EC from which you will come to know the status of the property and also the document number.

You can get the certified copy of the registered document for filing partition suit.

How far your thoughts and design would work has to be seen

In my opinion partition suit has no such legal impediment

My opinion is that you better go for partition suit