We have this problem with the property of my great grandmother (A), which was cultivated by my grandmother (B) since then or even when my mother was not born, and now, it is cultivated by my aunt (sister of my mother).
The problem is that, the property was titled in 1951 under the name of the sister of (B), however, (B) was cultivating the property even it was titled under the name of her sister because it was said that such property was given to her by her mother as her share in their property. As checked in the tax declaration paid by the heirs of of B's sister, the property was subdivided into three parts, the third one was a 1 hectare under the name of (A).
Now, the said property was mortgaged by the heirs of B's sister, and want to claim the property cultivated by my aunt, what would be the possible action if we have a right to the property? Are we going to make an extrajudicial settlement so that that property of B be excluded from the mortgaged land or we need to have a judicial settlement or partition?
thanks a lot and more power