I seek your guidance on a matter concerning the distribution of ancestral property within a family, governed by Muslim Personal Law in Uttar Pradesh.
Background:
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Mr. X passed away in 2015, leaving behind his wife, five sons, and two daughters.
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In 2016, one of his sons, Mr. Y, also passed away, survived by his wife, Mrs. Z, and their two children.
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In 2019, both family convened a meeting to determine Mr. Y's share of Mr. X's property.
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It was agreed that Mrs. Z would receive Mr. Y's share in monetary terms.
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An adjustment was made to deduct an amount Mrs. Z owed to Mr. Y's mother, as her share from Mr. Y's estate exceeded what Mrs. Z was to pay.
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Mrs. Z agreed to this arrangement and attempted to pay balance amount via a cheque issued by her brother. However, the cheque was never deposited, and the payment was not completed.
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A written record of this meeting, signed by multiple witnesses from both sides of the family, is available.
Current Situation:
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Mrs. Z has severed all ties with our family for the past eight years, with no communication or contact.
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The remaining heirs—Mr. X's wife, four sons, and two daughters—wish to proceed with the formal distribution of Mr. X's property among themselves as Mrs Z and her children have no right now in Mr X property because of settlement and adjusted of amount already done.
Queries:
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Is it legally permissible to proceed with the property distribution among the remaining heirs without obtaining Mrs. Z's signature, given the prior agreement and her prolonged absence?
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What steps should be taken to ensure that this distribution is legally sound and to prevent any future claims from Mrs. Z or her children?
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Would documenting the efforts to contact Mrs. Z, despite her lack of response, suffice in demonstrating due diligence?
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Should we consider publishing a public notice or taking any other legal measures to safeguard against potential disputes?
Your expertise on these matters would be greatly appreciated to guide us through this process lawfully and amicably.
