Hi
1 .Your Uncle has initiated the proceeding and you will have to defend on the same facts that now the property has nothing to do with him as it was gifted to your dad absolutely.
2. Sec.41 of the act, will not disqualify him approaching the court as the property basically belonging to was his mother and he had aright where inheritance takes place in the normal case of a legal heir.
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3.His injunction suit will not sustain , as the gift deed by your mother was absolute and legal and there is nothing to worry about it.
4. If he moves a suit and get an interim injunction , the sale can be stopped and it will delay
if your father is planning to dispose the property he should proceed with the sale as of now there is no order restraining the sale.