I presume gift deed was executed by your uncle in favour of your father, it is not ancestral property 

No, it is not ancestral property, it becomes your father's self acquired property 

If same is not self acquired by your brother and is part of the inheritance then its ancestral else its self acquired 

1. Grandfather died when father was 2 years old.
2. Father ’s brother looked after land which came from grandfather.
3. His brother/your uncle subsequently transferred these land to father.
4. Such land as coming from grandfather are ancestral properties in the hands of father .

The land given to your father by his elder brother would not be considered ancestral property unless it can be proven that:

1. The land was inherited by the elder brother from their father (your grandfather) and not acquired through his own efforts or means.
2. It was part of undivided ancestral property where all legal heirs (including your father) had a share by birth.

Since the land was transferred by the elder brother to your father, it would typically be treated as self-acquired property of your father unless evidence supports its ancestral nature.

Key Points:

• 
  Ancestral Property: Must pass undivided through four generations, from male ancestors, without being partitioned.
• 
  Burden of Proof: In the absence of documents of your grandfather, proving the land’s origin as ancestral property may be difficult.
• 
  Self-Acquired Property: If the elder brother transferred the property voluntarily, it becomes your father’s self-acquired property.

For clarity, you can check local land records for the property’s origin or consult a legal expert with additional property details.

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 greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

The property transferred to your father by his elder brother would not typically be considered "ancestral property" under Hindu law. For a property to qualify as ancestral, it must fulfill the following conditions:

1. Inheritance from Ancestors: The property must have been inherited up to four generations (great-grandfather, grandfather, father, and son) without division.

2. No Prior Division: Ancestral property remains such only if it has not been partitioned or divided among the family members. If the property was transferred voluntarily by your father's elder brother, it ceases to retain its ancestral character.

In your case:

• If your father received the property as a transfer from his elder brother (and not as an inheritance directly from his grandfather), it is not considered ancestral but rather self-acquired property for your father.
• The absence of documentation regarding your grandfather's ownership further complicates proving it as ancestral property.

You may consider obtaining legal advice to verify the specifics of the transfer and ownership, especially if disputes arise. Preservation of any available documents and circumstantial evidence will be critical in any legal proceedings regarding the property's status.

Thanks and Regards,
Advocate Aman Verma, Legal Corridor.

How did your uncle (father's elder brother) transfer the property to your father? Was it by way of a partition deed or a gift deed? Is there any documentary proof for the transfer of the property in your father's name? Or your uncle simply put your father in possession and enjoyment of the property, without passing on the title and ownership by means of a proper, legal document? In any case, based on the facts you have presented, it is NOT an ancestral property in your father's hands.

- Legally, an Ancestral property is the one which is inherited up to four generations of male lineage without dividing and partitioning the property by the previous three generations.

- Further, after the demise of your grandfather intestate, his property would be devolved upon all his legal heirs equally 

- Further , as your father has got his share in that property, then it will be considered as his self acquired property of your father. 

- Your father can apply for the mutation of this property in his name . 

In your case it’s ancestral 

Property remaining undivided for four generations is ancestor property,

if the brothers give in writing that the property is ancestral, it would help your case

All brothers and family residing together is valid proof of property being ancestral. All have relinquished their by declaring that they gave no right in property. That is also proof that it is ancestral. 

The property was transferred to your father by a registered deed hence even if you think it was an ancestral property the nature of ancestral property extinguished on the basis of the this transfer .

Even otherwise it was not an ancestral property, you may have to come out of your misinterpretation of the concept.

Thank you for providing additional details. If the land was ancestral but later transferred through a gift deed, the ancestral character of the property may have been altered, as a gift deed usually signifies a personal transfer, not inheritance through lineage. However, the acknowledgment by all brothers and their families, stating that the property was ancestral and that they have no claim to it, can strengthen your case. This acknowledgment should ideally be recorded in a notarised affidavit or declaration.

To further substantiate the claim of ancestral property, you can explore these steps:

1. Trace the Title History: Try to obtain older revenue records, land registers, or mutation entries to establish that the property was owned by your grandfather and passed down.

2. Witness Statements: Statements from neighbours or elders familiar with the family's history and property lineage can serve as supplementary evidence.

3. Community Recognition: Gather any local records or community acknowledgment that the property was ancestral.

4. Court Declaration: If needed, you may approach the court to declare the property as ancestral, but substantial evidence will be required to support your claim.

If the transfer via the gift deed is not contested and all other family members disclaim any interest, it may simplify matters. Consult a property lawyer to draft the necessary affidavits and evaluate the available evidence for legal proceedings.

Thanks and Regards,
Advocate Aman Verma, Legal Corridor

Legally, an ancestral property is one which is common possession and enjoyment of a joint family continuously for 4 generations - great grandfather, grandfather, father and son, and has NOT been divided or partitioned. Check this fact again in your case.

- You can get the earlier chains & records from the office of the sub-registrar to get the information about the said property. 

- However, the property which your father got by way of gift deed will be treated as self acquired property of your father.