My question is about ancestral property as per shia/hindu law ?
We have long running dispute with the uncles where they claim that property my grandfather gifted to my grandmom ( by means of updating the city survey records in grand ma's name) is ancestral property
Now they case is in appeal and uncles is protesting that the Land in dispute is ancestral and he had no right to gift it .
I will give the context in detail, My father has purchased the property from my grandmother through a sale deed. My uncles came to know about it and filed a case for nulling the sale deed in court against my father. They even claim that its an ancestral property.The property used to ancestral but my grandfather had purchased the right of other heir by paying them the suitable amount . so does the property still remains ancestral by any law as it is purchased from the legal heirs. ? . The Judges reaction and tone that i have seen always looks biased . the case have been going on since last 20+ yrs.
Now my questions are.
1) The case has been filed against my father only. Which law allows to sue a buyer ? and not include the seller ? Nor the Gifter ( My grand father ) . ?
2) The property was gifted by Grand Father ( The only proof of it is the updation of City survey records by him , i.e my grandfather ) when he was alive. so as per my knowledge the uncles including my father has no right in the property of my grand father as long as he is alive ? i would like to know the section and article as to present it to judge
3) They have challenged the gift was never done . ( why did my grandfather updated the records in city survey in my grand mothers name if he did not gifted it ) ? even the city surveyer has given statement in court stating that my grandfather had told to write my grand ma' s name in records as owner ? isnt that suffice to prove the gift ? Why judge is overlooking the same how can i make it a point that judge does not overlook . ?
4) They even claimed that my father had given a statement in which he says the property belongs to my grandfaher in 1988 . which was is ignorance and grandma updated my fathers knowlege in 1990 saying the property is in my name . My father checked the city survey records and in 1992 purchase it from her.
The same has been given to court again and again to see the sequence. but yet the court fails to see the sequence and gave a judgement on 1988 statement and not the new findings even after putting it in court.
what should be done to open the eyes of court and make them see these sequences. ! ????
Awaiting a positive response from the experience and talented lawyers in these forums ..