File suit for partition for division of property by metes and bounds 

2) seek others to set aside transfer made in favour of uncle children 

3) seek stay order restraining sale of property by them 

Please engage a competent advocate and arrange to file a suit at the proper court for declaration of title and partition of the property, against your uncle.

1. As per the information given in the above mentioned query, makes it clear from your side that the property is being the Ancestral in nature.
2. What has actually been done by your uncle is illegal in the eyes of law, and doesn’t stand with any sanctity of law into it.
3. You need to file a Partition Suit, Declaration Suit along with Permanent and temporary injunction as soon as possible to not to create any third party interest and to claim your (father’s) share.

If your father was denied his rightful share in the ancestral property and if your father is not living then as his legal heirs you can file a suit for partition claiming his share in the property.

1. If your father's brother is alive, send a legal notice to claim you and your other siblings' rightful share.

2. If there's no positive response, file a suit in the jurisdictional Court for declaration, partition and separate possession of the property by metes and bounds.

These cases are very common in various Courts of India and Supreme Court of India. I can understand your concern in this regard. My team has dealt with various disputes of such nature. Legal Notice can be sent to the other side through good lawyer. A legal notice is a formal, written communication that informs the recipient of a legal matter or issue. It is typically sent by an individual, company, or legal representative to another party, outlining specific claims, demands, or intentions. Legal notices are often the first step in resolving disputes or enforcing legal rights before escalating matters to a court of law. It works as a final warning to the receiver and saves time & money which is usually spent in long drawn Court proceedings. 

The Legal Notice would act as a a caveat which is a precautionary measure undertaken by an individual anticipating that another individual may file an application in a suit or proceeding. 

In case, the issue is not resolved then any person who has any legal character or any legal rights as to any property by virtue of title deeds or otherwise may file a suit for declaration of those rights and for injunction against any person denying or interested to deny his title to such character or right. 

Detailed discussion is required in such cases with complete documents. 

You may contact my secretary to connect with me for clarification. 

1. Your Rights in Ancestral Property:

   • As per Hindu Succession Act, ancestral property cannot be sold or distributed without the consent of all legal heirs.
   • Your father and his siblings have equal rights in the ancestral property. By extension, you and your siblings have rights through your father.

2. Immediate Actions:

   • 
     File a Partition Suit: Your father should file a partition suit in the civil court to claim his rightful share.
   • 
     Challenge the Distribution: If the property was transferred to your uncle’s kids, file a case to declare such transfers illegal and void, as they were done without your father’s consent.

3. Caveat:

   • A caveat petition can be filed in the court where the property is situated to prevent further transfer or sale by your uncle or his kids. This ensures no legal action can proceed without notifying you.

4. Documents Needed:

   • Obtain the property title deed and other documents to establish the property as ancestral.
   • Collect evidence of your father’s relationship to the property (e.g., family tree, revenue records).

5. Consult a Lawyer:

   • A property lawyer will help draft the partition suit and caveat, ensuring all procedural requirements are met.

Conclusion: File a partition suit and caveat to secure your father’s and your rightful share in the ancestral property.

For detailed, personalized advice, consider a phone consultancy.

Hope you find the information helpful. You are free to contact me for further discussion.If you could spare two minutes of your time to write a review, It would be really grateful and very happy to read it.

Thank you.

Shubham Goyal

- If your father is not alive then you being the legal heir having right to claim equal share in the ancestral property. 

- You can issue a legal notice to your uncle for asking the share of your father 

- If no positive response, then file a Partition , Declaration & Injunction suit before the Court for claiming the share of your father , and to cancel the transfer paper in his kids name , and to restrain him from selling any portion of the property. 

1. Ancestral property is different from inherited property. Ancestral property is defined as the property  title of which has flown for 4 generations without being interrupted by any sale/gift/partition deed or will.

2. First find out how your Uncle is claiming ownership of the said property. Has he got any gift deed or will in his favour.

3. If yes, then challenge the said gift deed or will fittingly.

Yes suit can be filed in the said case