It is not an ancestral property since the same has been divided by your grandmother. Please understand that the ancestral property is one whoch remains undivided for four generations.

Legal heirs of your fathers brother will have the right on that property as per the Hindu Succession Act. In their absence other legal heirs can claim the right.

Regards

File a suit seeking a declaration as to civil death of your uncle. Thisis the first step.

If this is an ancestral property, the legal heirs of your uncle to would have a share in this property. Are any successors to your uncle?

The property will be transferred as per section 8 of hindu succession act, which reads as follows:

Section 8 : General Rules of Succession in the case of Males - The property of a male Hindu dying intestate shall desolve according to the provisions of this Chapter - a) First, upon the heirs, being the relatives specified in class I of the schedule; b)Secondly, if there is no heir of class I, then upon the heirs, being relatives specified in Class II of the schedule. C) Thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; and d) Lastly, if there is no agnate, then upon the cognates of the deceased.

1) has missing complaint been lodged with police

2)has court orders been passed delcaring your uncle as dead

3) kindly clarify

if all the other person release their rights who are legally having rights in that property then you can get the property as well as patta in your name .

Dear Client,,

U have equal right in the ancestral property, to get the whole land in ur name, other legal heirs/share holders in the property need to relinquish their right in ur favor through registered deed ( HAQ TYAG ).

And fathers brother is missing since 20 years with no information, than there is a presumption in law that if any person is missing for more than seven years and no information about being alive. Court presume him dead unless proved alive. Declaration of death may be possible through court also. This way his share will devolve in his legal heirs ( if unmarried than in ur father ) , and they also HAQ TYAG in ur favor.

This way u will become absolute owner of full property.

File a case for inheritance of the property as your uncle is lost 20 years back and no one knows his where about.

and also seek the property as you are the second class legal heir.

If your father has any share in the property now under question, it is to be seen that how did he acquired the same,. whether by inheritance or self acquired or whether it devolved on him through any other mode, i.e., inheritance of ancestral property.

Whatever be the issue, if he is considered as an absolute owner of any property, he can transfer the same to you by a registered settlement or sale deed after which you can become owner of the share of property so transferred to your name.

You cannot acquire the property that belongs to a third person without his consent or being transferred by that person in your favor.

Your father's brother may be missing, but his property cannot be acquired by you. His own legal heirs only can take steps to acquire the property that belongs to him by due process of law.

Your father's grandmother's share of property also cannot be acquired by you, she has to execute a registered gift or sale deed in your favor in respect of property that belongs to her after which you can become absolute owner of that share of property.

Please remember that patta is not a title document and no bank will sanction loan on the basis of patta.