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ahmed khan (administrator)     04 April 2014

Niece demanding share in grand father property

Respected Sir/Madam,

 

I’m here to seek your benign advise on my legal query as follows;

 

There was some agricultural land registered in the name of my late father. After his death in the year 1998. I offered my bothers and sisters handsome consideration if they agreed to execute the Gift Deed of the said land in my favour, for which they gave their consent. I accordingly took all of them to the Sub-Registrar Office and after their signatures/thumb impressions, the Gift Deed was executed in my favor.

 

I had one more sister who died much before the death of my father. Since she had no good terms with us after her marriage, she lived separately and never visited us and even her children never came to us during all these years.  Therefore, I did not think of obtaining their signatures also  at the time of execution of my Gift Deed.  

 

Now after so many years, the children of my late sister have woken up and demanding me to pay their share as well in my above land, failing which they would approach the Court.

 

Under the above circumstances, kindly advise me if they are entitled to challenge my Gift Deed in the Court after a period of 16 years. If yes, can the Court cancel my entire Gift Deed  and the land will be again divided amongst all siblings or I may be directed to give only the share of my late sister to her children, as my other siblings have already executed the Gift Deed in my favour.

 

I look forward to your early reply in the above matter, for which I shall be grateful to you.

 

Thanks in anticipation of your quick reply.

  

Ahmed Khan




Learning

 1 Replies

Kumar Doab (FIN)     04 April 2014

 

You have been generous, unbiased, balanced, and fair to your relatives.

You are a believer.

You can be generous to your niece too that is another child of the family.

To safeguard your interest you may ask your lawyer well versed with laws as applicable in your case the deeds and documents that may suit your interest in  the long run.

 

You have posted that:

I had one more sister who died much before the death of my father. 

So this daughter (your sister) predeceased her father (your father too).

 

This is with limited understanding on the matter posted by you.

It shall be appropriate to show all record and documents to Scholars of your faith (Shia/Sunni) and also a lawyer well versed with Inheritance as in  Muslim Law.

Your lawyer may opine that if other legal heir have given their share voluntarily then the deed may be valid.

You may find the decision of the learned court relevant as in case of:

Karnataka High Court

Smt. Ashabi vs Smt. Faziyabi And Ors. on 19 July, 2004

Equivalent citations: AIR 2004 Kant 476, ILR 2004 KAR 3599, 2004 (6) KarLJ 267

 

https://indiankanoon.org/doc/1381881/?type=print

10…………….One can be excluded from inheritance only under a rule of Muslim law, if applicable in India. It is also well settled that only that relative can be an heir of the deceased who is alive at the moment of the latter's death. A person who died before the deceased cannot be his heir. The survivors of such a person can in some cases inherit direct from the propositus, but not in place of or in the right of the said person who died before the propositus………..

11. Therefore, what is clear to me is that a pre-deceased son or a daughter gets excluded in view of the prior death in the given circumstances. 

12. In AIR 1951 SC 327, the Court has ruled in para 52, as under

"It is well known principle of Mohammadan law that if any of the children of a man dies before the opening of the succession to his estate, leaving children behind, these grand children are entirely excluded from the inheritance by their uncles and aunts. This is what their lordships of the P.C. have stated in MOOLLA CASSIM v. MOOLLA ABDUL RAHIM, 33 Cal 173 at Page 178. Clearly, therefore, the whole of Amin Ali's line is excluded from succession to the estate."

13. In , the Supreme Court has ruled in para 20 that "It is a well- recognised proposition of law that the estate of a deceased Mohammedan devolves on his heirs in specific shares at the moment of his death."

 

 

It is reiterated that you may proceed under expert guidance of your lawyer.

 


Attached File : 787982739 smt. ashabi vs smt. faziyabi and ors.docx downloaded: 68 times

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