Ancestral property but no previous titles

Has your Chacha ever threatened during life of your grand father or father.  As such if you are occupying that property for last twenty years without any objection from Chacha, Chacha's claim for evacuation is unsustainble.

My Grandfather expired just before 2 years. My father expired in 2003. We went out for study.in the meantime he got the property registered. Now he has been threatening since 2 years (after expiry of my grandfather). Yesterday also he called and threatened me. I immediately filed case after expiry of grandfather. But he is telling, property is in my name so you guys should leave. I am telling him that matter is in the court, let the court decide. I don't know how will i prove if it is an ancestral property.

What is the property involved in the facts posted ?

How do you confirm it is an ancestral property ? However, why did your grandfather sold to his son (your chaacha) ?

Whether there is any sale deed or just a statement ?

It is better to consult and engage a local prudent lawyer for better appreciation of facts/ documents, professional advise and necessary proceeding.

I do agree with experts . better to consult local lawyer and seeking advise and act accordingly

Concerned property is a home. There are 3 homes. For 1 home, there is sale deed in the name of my Uncle. For the other 2, since my grandfather had a sibling, half share has been left for my grandfather's sibling's widow and the remaining half is transferred to my Chacha by gift deed. It is an ancestral property because our great grandfather's divided it verbally. Since it is a very very old property, there are no documents. Why did my Grandfather did this, nobody knows because he is no more. Thanks for your time and advice.

When you have filed the case already, contact your advocate and take steps against your Chacha's threats through directions of Court.

Please do proper searching of the property so that the source and nature of transaction can be derived. Aside please seek a conference with an Advocate.

In India, inheritance of an ‘ancestral property’ is a common phenomenon; however, the inheritor is often unable to locate the details of the property, particularly those which are located in villages or talukas. Finding such a property could be compared to finding a needle in a heap of hay. If you too are facing difficulty in finding your ancestral property details, follow this step-by-step guide :

1.    Log on to your respective State’s ‘bhumi jankari’ website, click on ‘query’, and then select the district/taluka/village

2.    Here, search the names of your ancestors

3.    If you are unable to find the name, visit the Tahasildar’s office and apply for the computer record of the Village form 8-A. If you get this form, you will be able to find out the total holding of your ancestors in the village

4.    If you are still not able to get the details of the property, ask for Form VII-XII, VI and VIII-A. As per the Section 327 of MLR code, you can inspect these village forms. If you do not have the survey number of the land, you need to inspect all the forms available at the Tahasildar’s office

5.    Once you get the survey number, you can search the history of the land with the help of Form VI. You can even search the history of the property with the survey number online by visiting the land and registration department’s official website. Once, you have the history; you can quickly know the present status of the property

6.    Once you have traced your ancestral property, apply to make the necessary changes in the Record of Rights (Village form VI-XII). After that, consult an advocate for further formalities to claim your right on the property

Thanks a lot for your precious time sir. The thing is, our ancestors came and just settled on a vacant land. There were no records for such land. However, over 50-60 years, property kept getting distributed by verbal transactions. Now, my uncle must have paid some bribe in Panchayat and got registered as a sale deed from my grandfather.

However, should not the onus be on my Uncle to prove the fact that if the property is self acquired by my grandfather, which he has sold to my uncle, from whom it was acquired. Where are the previous titles?

See that's why I asked you to do proper searching. In that event you will have documentary evidence as to how your grandfather derived the property! If its not self acquired then it has to be ancestral or adversely possessed. 

You are posting more of subjective opinions assumptions and presumptions. Why don't you post simple facts so that a meaningful suggestion could be attempted?

Even presuming that this property was held by your great grandfathers, it subsequently devolved on your grandfather and his sibling.

Since your grandfather and his sibling have partitioned the property between themselves, the property lost its ancestral character and it can no more be called or termed as ancestral property. 

An ancestral property is a property acquired by your great grandfather which has been passed down from generation to generation (your grandfather and father) up to the present generation (you) without being divided or partitioned by the family.

If you have been staying in the proeprty that has registered title deed on your uncle and he is demanding yo to vacate the proeprty then you cannot claim any rights in the property except to vacate the same.

You have clearly mentioned that one home was purchased by your uncle and the other one was transferred to him by a registered gift deed, therefore it can be evidently seen that your uncle is having a clear and marketable title to both the properties. 

There is no question of perfecting title by adverse possession as well as because you have not been living in the same property for more than 12 years continuously i.e., uninterrupted and that the original owner had not taken any steps to oust you from the property.

A typical adverse possession statute requires that the following elements be met:

• Open and Notorious. The person seeking adverse possession must occupy a parcel of land in a manner that is open and obvious. ...
• Exclusive. ...
• Hostile. ...
• Statutory Period. ...
• Continuous and Uninterrupted.