Ancestral property division (without papers)

1 year ago

I have an ancestral property (pre 1950) which I and my cousin brother have 50-50 possession of. We believe it belonged to our grandfather and it should have been handed down to his sons, but we do not have property papers. Our grandfather had 3 children- 2 sons, 1 daughter. The MCD records (Nagar Palika), house tax only states the name of 2 sons.

Now, I wish to sell my share (first son's only son) to my cousin brother (second son's only son). I got the advice that if the property doesn't have papers, courts usually check the MCD records for past 50-60 years and we can say that our grandfather would have had a will which makes the tax payers as the owners of the property. Further, as per law in 1900s, daughters were not handed down property. Building from that, I can sell my share in the property to my cousin brother.

Q-
1) Can I sell my share just on the basis of MCD house tax papers?
2) Do I need any No objection certification from the daughter of my grandfather whose name is not in the records also?
3) If I have the NOC from the daughter, can I sell it safely?
4) Can I claim 50% of the property as my own, and sell it to my cousin brother?