Ancestral property as per muslim shia

As far as Muslim law is concerned unlike  Hindu law there is no distinction between ancestral property and self acquired property. That is, the person on whom the property is transferred or settled has full right to settle/sell the property to anyone .

It seems your uncles are challenging only the settlement/hiba made in your father's favour . Is there any written instrument apart from the revenue records which evidences settlement ?. It is not necessary but it may help you. For effecting mutation of records your grandfather would have given a letter of consent or the copy of hiba itself as just oral suggestion will not make the revenue officials to make the mutation. You can produce them and prove it. 

When and where did your father state that the property is your grandpa's ?

As far as oral hiba is concerned there need not be any document and undisturbed possession of the property settled alone will constitute a valid gift apart from its offer and acceptance. Let the learned advocates comment on this point. 

Finally, i presume that they are not challenging your grandfather's title to property and there exists a valid relinquishment deed in his favour by the other legal heirs. 

Hi, 

  Thank you sir . 

My father is a purchaser of property from my grandmother.  (1992) 

 My grandfather had gifted the property to my grandmother .(1976-1978)  ( city survey records are the only proof of it ) 

The property was of my great grandfather. My grandfather paid his brothers and sisters for their share ( supreme court judgement of 1956 confirms the same )  and became the owner of the property 

 1)  My uncles are contesting that the property my grandfather had is ancestral and he had no right to give it to my grandma as a gift. 

 2) They are also claiming that gift was never made. 

3) They have even challenged the payment made for the sale by grandma to my father. ( which unfortunately the Honorable Judge accepted without any proof. ) 

 The property is  Bhavnagar Gujarat. 

 AS of now the  case is in appeal and again the same points have been highlighted by my uncles . 

 The Judge as i said is not looking into facts and dates etc and believing their claims/challanges without the context . 

 what can be done 

You say that the 1956 judgment is in your favour and that is an ample proof that your grandfather's brothers have relinquished all the rights in the property in your grandfather's favour. 

Then the relief  challenging your grandfather's title is not maintainable at all so most probably that relief is not going to be granted.

As far as the sale deed is concerned, your grandfather can just execute a name sake sale deed paying stamp duty for the guideline value according to the stamp Act and proof of payment is not necessary as the vendor, your grandfather himself has admitted that he has received payment. It is well known that if a fact is admitted by the other party to the transaction who is the only person who can raise objection regarding payment, it is not necessary for the purchaser/your grandmother herein, to prove the same. 

If you dont have trust in that judge, then transfer the case to a different judge by filing a transfer OP.   

Thank you sir, 

     1) to change the court .  i guess it will take too much time again.  and even the lawyer says he will not handle the case if  we do that.  to some extent it seems the laws made are in favor of the right person . but the humans who are responsible to enforce those are not .. Its really a shame  that  I have to say this. but corruption is too much how can we get justice in such a situation ? 

     Everything is very straight forward and clear but still the replies given by us in the case are ignored and on repeating the same the judged ordered a fine and did not consider the proofs submitted by My Dad during the running of the case . Now the same is in appeal and its almost 7 years now in appeal and there is no progress. the last three points i mentioned above are given by the lawyer of my uncles as their part .. which stands null if we see everything that has already been put up in the case file. 

  But yet there is no action.  I feel really lame when it comes to getting justice as the once we expect justice from seems to be corrupted. I would like to know if anything can be done against such a act of biasness. and favourism by the appointed personal for justice   ? 

   Will keep updated the proceedings the next date is on 21 st of april 2015.  

The judge  without listening to the argument of ours had kept the date of judgement 

to which my father have applied for an argument (reply/daleel) from our end  for that too he gave another date. 

 Now when the vacation is closing by he plans to give a judgement. Even last time judgement was done in a similar scenario where the judge gave judgement just before vacations. and then the appeal took more then a months time.. which is obvious.  They contested that the date has been passed and appeal cannot be accepted in 2008-2009. That time too we had to argue that the court was on vacation and we could not go in appeal for the month. and after many hardships the appeal was considered. this time too they are planning to do the same. 

 I wish to make everything public so that others who are good and have considerable knowledge can have a say on this issue.  can i make such cases public by giving out the details or distributing the case proceeding is it illegal by any means to bring out the cases proceeding in open.  ?