Self acquired or ancestral property plz clear the title

The case has been filed against you or your grandfather?

Your grandfather can give his share to you and the suit will be dismissed.

Thank you Sir,

the special civil suit has been filled against my grandfather and me by my uncle.

I have already produced all proofs from 1978-2013 of PART A of house indicating that my grandfather was and is single owner of said property.

Along with that my grandfather submitted affidavite saying " I have donated house on my own will "

But on latest date of hearing my uncle submitted certificate from sarpanch of village stating that "my uncle lives in said house" .all though he has his own separate house in same village for last 20 years.  this certificate issued from sarpanch is the only document submitted by him so far. Will this certificate help him in cancelling of my registered gift deed.???? plz reply

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Nothing to worry about false sarpanch certificate.  You can prove that it is false by calling the sarpanch to the court.  If the sarpanch says that it is false the problem is solved.  If the sarpanch says that it is genuine one, then the court orders higher government authorities to enquire whether your uncle really resides in the said House since  20 years.  The certificate issued by sarpanch do not come in the way of registered gift deed.  

As u said the house was built by your grand father, so its a self acquired property of your grand father if has done all expenses for building from his personal income, and hence it's not an ancestral property and thus your grand father is free to allinate the property as per his own will, he can give the said property to any one as he wishes.

but, if the building was ancestral property then there may arise different situation under our hindu succession Act.

Thank you experts.

Once again i will like to mentioned all the proofs submitted by both parties so far :

From my uncle side:

1.His own affidavite stating that "property is ancestral and demanding injection"

2. Affidavite of Owner of PART B of said house stating that "only PART A of  property is ancestral "

3. Sarpanch certificate stating that he lives in said property.

From my side : (All obtained through RTI 2005)

1.  House List records (8-A) of Gram-panchayat from year 1978-2014 Indicating that My grandfather was and is single owner of PART A of house.

2.Tax receipts of Gram -Panchayat from year 1978-2013 indicating that my grandfather have paid all taxes.

3.Certificate from Gram-panchayat given by both Gram-vikas-Adhikari & Sarpanch that my Grandfather lives in said house from 1970 and paying all taxes till date. attached in the Registered gift deed also.

4.House List records (8-A) of Gram-panchayat from year 1984-2014 Indicating that My uncle has his own house and living in that house.

5. Affidavite of  my grandfather saying that deed is made through his own will ,under no pressure.

6. Police -case FIR filled against my uncle's elder son dated before date of registered gift deed by my grandfather.

7.Electricity bill of my uncle's house for last 2 years.

Plz Guide me to defend my self in proper way to prevent cancellation of registered gift deed. 

It appears from your list of documents that your Grand father is the absolute owner of the property  ' A ' SO HE HAS EVERY RIGHT  TO SELL , DISPOSE OR TRANSFER HIS ABSOLUTE TITLE TO ANY BODY' the land under the construction is a part ot the ancestral property which was mutated long before  in between the owners of Lot 'A ' and Lot ' B ' . Therefore no ambiguity appears up to this..  Now only question left is when your grand father became the absolute owner of the land of the ancestors whether in that land your uncle has any claim obviously 'yes'  So although the constructed house has been gifted to you and your uncle has no right, title, and interest in it inspite of his purported proof of residence yet he can legitimately claim his share of the land where the building was erected because the land is a part of the ancestral property..

Thank you  all experts......

@ Biswanath Roy: My uncle who have challenged my registered gift deed have already house on same part of ancestral land for last 20 years. So legally speaking he has got his share in same land.

He is praying for Injection order on mutation of property. On first date of hearing hon.Court has cancelled his application for immediate injection.

He has good political support from Gram-Panchayat elected members so its very tough for me to take actual control of said property In spite of fact that i followed legal way so far.

Contest the case, it is baseless.

Oh God!  How could I  enter into your belly.  Look  at your query. Have you mentioned any where in your query that your uncle is already enjoying a part of the ancestral property allocated to your grand father ?

Thank you sir

I have mentioned in my the same in list of documents submitted to hon.court that my uncle is enjoying part of same ancestral land property (in form of his own house) from 1984-till date

Now just because i stay in city he is opposing me to enter into village. 

If at all you want to clarify on any legal issues here, you must state the facts so that you will get proper clarification/opinion/suggestion legally and otherwise.  You have added more and more information in your subsequent queries thereby the experts here were unable to give you proper guidance.  As learned Senior Mr. Roy opined that if the land was ancestral then your uncle has a share in the land, but you have come out with another fact that he has already got his share in some other land and subsequently you have stated that this fact was mentioned in the plaint by way of document, how will this forum come to know about this?,   Well, about your query, though your uncle has produced a certificate that he has stayed in that place for 20 years, since he has already been allotted with his share in the ancestral property, he cannot claim a share out of this property, but there is one more point to be clarified that what about your father's share in the ancestral property?  Do you have brothers/sisters, if yeas, what about their shares in the ancestral properties?  Today your uncle is raising this problem, tomorrow they may raise this problem (?), As far as the constructed building is concerned, your grandfather as a owner of that building, he can transfer the property on your name by way of gift deed, it is valid but what about other aspects?

sir

i have my own question ,

1    my grandfather has there own property and he gifted this property to my elder brother ,my mom ,and father

2    land morgage and tax is name of my elder brother because my mom and dad died

3    my elder brother told me this is my property and i cannot give share 

4    we are living on same land since 20 year 

i want to know how i can take share in this and how this may be partitetion .plasee explain part wise,

and what type of case i can file