Our family inherited a small portion of land and a half portion of an ancestral house from our Patenal grandmother, lets say it as 2.53 acres and a 28* 7.5 feet ancestral house That particular property was gifted to her by her brother as Streedhan.( as per his dad's wishes and guidance )
He gifted her those properties in 1971 and at that time he has written a document ( a plain paper with his thumb impression on both sides ) and based on that those properties came into our control and were entered into village land records on my grand mothers name . we coninued to enjoy those properties , got Revenue Pass Book in 2000 ( even received a Thoka Pass Book in 1989 - which is a long book with land particulars and tax details and payment of tax details for the properties ) and paid land revenue taxes and panchayat taxes for the half portion of ancestral house.
My dad who inherited those properties on my grandmothers death was living in an another city as being a government employee didnt realise that 1.5 acre of aforesaid property was given as gift settlement by his uncle ( the one who initialled gifted that property to my grandmother) to his daughter in 2001 and she inturn sold that 1.5 acre to a neighbour in 2007. My father sold 1.05 acre of that property to an another person in 2008 and my dad passed away in 2012 we couldnt get our passbook updated for the remaining 1.49 acre of land onto my mom bcz as per computerised land records the total survey extent of that survey no is full.
Is it possible for us to raise an issue with the court regarding this issue if adangal of the last 30 years only shows my fathers name and not his maternal uncle ( who sold without our knowledge and consent). Our lawyer says its a long shot to claim the property bcz he said they may approach through adverse possession clause .
Final thing with the ancestral house is that since we were living in an another city currently they are claiming and enjoying our portion of ancestral house also and refusing to vacate it. though we have tax receipts till date for that house. Once sending lawyer notices to vacate they accepted first notice and for second notice they refused to accept lawyer notice. My lawyer mentioned that we have a fair chaice in winning this case but approaching this forum for second opinion regarding both the issues.
Is there anything we could do to claim the agricultural land and ancestral house , please guide me .
