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Zafirah Shereen   06 November 2020

can the property be divided again after the death of the owner

Sir, Mrs.Fathima is the Sunni Muslim. Her husband was a government official, purchased a house in her name. During her life, husband expired. She divided her property and gifted in her son's names excluding her daughters.
One daughter fought for share with mother stating that the said property was purchased by father. So, she has the right as per Muslim personal law. She didn't filed any suite against her mother. Daughter who claimed her share expired due to heart attack.

Mother also expired few years after her daughter's death. Now daughter's children filed a case against their uncles, who received the share of land from the owner.i.e., mother.

My question is : Can the deceased children file a suit against the beneficiaries. Actual Doner is no more. Can anyone help me to know what the Muslim personal law and Indian constitutional law says in this case please sir.

Do this again need division. if so, how can it be done in the absence of the actual Doner and Doner. Both were dead. How to solve this issue. Please guide me.
Warm regards
Sami


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 4 Replies

P. Venu (Advocate)     06 November 2020

What were the grounds on which the deceased daughter based her claim? Who were the defendants?

What is the present stage of the matter?

Shashi Dhara   06 November 2020

After the death of husband wife has no right to gift it because at the time of death succession  comes ,his wife can gift her share only ,if entire property is gifted  by her then her daughter's consent is necessary,if not they can file suit for partition as per family law.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     06 November 2020

Originally posted by : Zafirah Shereen
Sir, Mrs.Fathima is the Sunni Muslim. Her husband was a government official, purchased a house in her name. During her life, husband expired. She divided her property and gifted in her son's names excluding her daughters. One daughter fought for share with mother stating that the said property was purchased by father. So, she has the right as per Muslim personal law. She didn't filed any suite against her mother. Daughter who claimed her share expired due to heart attack. Mother also expired few years after her daughter's death. Now daughter's children filed a case against their uncles, who received the share of land from the owner.i.e., mother. My question is : Can the deceased children file a suit against the beneficiaries. Actual Doner is no more. Can anyone help me to know what the Muslim personal law and Indian constitutional law says in this case please sir. Do this again need division. if so, how can it be done in the absence of the actual Doner and Doner. Both were dead. How to solve this issue. Please guide me.Warm regardsSami

 

CONSIDER THIS:
1. IF Muslim Husband purchases property in his Wife's name THEN such property becomes the "Absolute" property of his Wife (forming part of her mehr), without any exceptions, whatsoever .... and said wife, during her lifetime, is absolutely entitled to Sell /Gift /WILL /Donate /whatever .... this property without any further reference or NOC or permission from her Husband's legal heirs (whosoever).

2. However, the above position would be different IF the property was in name of Husband and Wife had received it from Husband, using any mode of transfer.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

1 Like

Dr J C Vashista (Advocate)     08 November 2020

I fully agree and appreciate expert opinion and advise of Mr. Hemant Agarwal.

She is absolute owner of the property and entitled to dispose as she desire,.without consent or permission any one else.


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