Hi
Strengths:
1) Your advantage is that you are having the title deed, enjoying possession and the factum of you being in possession is reflecting in Pahani.
2) Title Deed - It appears that your father's paternal uncle has already gifted his share in his ancestral property lands as registered gift deed in 1958 in your father's name and hence you have a Valid Title deed. it also appears that the Gift Deed has NOT been challenged since 1958 by P1,P3 and P4.
3) P1, P3 and P4 cannot challenge the Gift Deed (if at all they were to challenge, they should have challenged the Gift deed within 3 years from the date of Gift Deed) and hence the Gift deed holds good during your father's life time and his successor's who derive title from the Gift Deed.
4) Possession- Your father was legally in Possession of the properties (vide pahani) since 1964 and subsequent to your father's life time the pahani has been mutated in your name since 2010.
Your apprehension:
5) It is sad that you inspite of you having the valid title and possession, you are unable to get your patta passbook mutated in your name as P1, P3 and P4 are NOT forthcoming for mutation in Patta by Mutual consent
Answers to Your Query:
6) You can file a suit for declaratory title and Possession (since you have been in possession from 1964 onward's and Win your claim for declaratory title.
7) Assuming you claim Adverse possession(actually you are in full possession in accordance to law), you will WIN the case 100% as land title deed(gift deed) continues to be in your father's name since 1958.
8) Your pahani is the best documentary evidence for possession which proves your father being in possession of property from 1964 and subsequent to his life time, you being in possession of the same.
9) However if any of your worker/ family member can testify in the court that you have been cultivating your land for more than 12 years,your winning chances will increase from 100% to 200%.
Please refer to Judgment of Andhra Pradesh high court in G. Satyanarayana vs The Government Of Andhra ... on 28 April, 2014 wherein in addition to the points mentioned in my reply, the High court has supported your claim of possession as follows:
In the absence of proof of patta, the right of a person in possession supported by multiple registered sale transactions needs to be considered. Both under the ancient Hindu and Muhammadan laws, the land was not vested in the King. Possession has always played an important part in all systems of jurisprudence . Under the Hindu system, possession, however brief, is necessary for a perfected title. As between title and possession, the former predominates, unless the latter is hereditary. A person who claims under title must, when it is disputed, prove it. Just in some way title can be acquired by possession, it can be lost by adverse possession of another and the effect of such adverse possession is that the latter keeps the property as his own. Possession lawfully obtained, prima facie, raises a presumption of ownership in the absence of evidence rebutting such presumption. Possession, however short, will raise that presumption and a long possession is not only evidence of title but is a good and valid title by itself.
Hope this information is useful
