Our maternal grandfather had passed away 23 years ago. In his life he had given one of his pieces of land as gift to my father because our father was the only son-in-law. This gifting was known to all the heirs and no one objected though the legal process was not completed. Please note that the maternal grandfather has three sons and my mother, the only daughter. The maternal grandmother is still alive. After the demise of the maternal grandfather our father gave the land’s paperwork to the eldest maternal uncle so he could have the transfer proceedings done because our father used to live overseas. After that whenever our parents asked the maternal uncle about it, the maternal uncle would make excuses. When he was stressed more he said that this land will be shared. Our father passed away this year and the maternal uncle didn’t give the land papers for 23 years. Now the maternal uncle is saying to bring the Fatwa even though he acknowledges that the maternal grandfather had given the piece of land as a gift. But at the same time he also says that getting the land means this that there is no share in the rest of the inheritance. He says that the maternal grandfather had said the same. The property has not yet been distributed.
Please explain with clarification may be they will understand:
Who does the gifted item belong to?
The importance of the witnesses and the legal documents in Islam.
The sin of making misappropriation in the امانت (trust).
Fatawa ID: 433