My uncle(Sunni muslim) is sajjada nashin of dargha. When he was alive he executed a unregistered declaration deed on white paper in 2009 .He appointed his elder son as his successor and 2 advisors(uncle’s brothers) to guide his son in dargha matters with terms and conditions as shown below in the image.
The declaration was signed by 5 witnessess.One of the witness told us that he did not signed this before my uncle but he signed this after his death.
My uncle’s brothers are creating problems by showing this declaration and not allowing his son (he was major when this declaration was made) to take his own decisions.
What my question is –
1.is this declaration a valid one as it is condtional and supressing the rights of uncle’s son affecting the completeness of gift.
2. according to witness the declaration was not signed by him before my uncle . is it possible to argue the validity based on one witness statement.
Please give your valuable suggestions
