Fraudulently obtained signatures in witness section of gift
imroz ali ahmed
(Querist) 24 August 2018
This query is : Resolved
Dear sir /madam , My grand mother inherited property from her father. My Grand mother is having 6 children (3 male and 3 Female) .She registered a gift settlement deed in favour of 3 male children , their wives and their progeny few months before death .She did not gave a single peny to 3 daughters. In gift settlement deed my uncles fraudulently(by saying that they are applying for loan) obtained signatures of my mother and one of my aunt in witness section. My mother is a house wife and had no proper education . she just learned signature. My mother had no idea regarding the contents in the gift settlement deed .Now my question is how can my mother claim her right in the property ? is there any way as per sunni muslim law ?.
Isaac Gabriel
(Expert) 25 August 2018
Insufficient information to offer opinion.
imroz ali ahmed
(Querist) 25 August 2018
sir please tell me the information required to get opinion
Dr J C Vashista
(Expert) 25 August 2018
1. How, when and where does the property devolved upon your grandmother, which she has gifted to her sons/their wives/children?
2. Gift is irrevocable.
3. Witness to the deed is restricted to the transaction of signing the executant in his/her (wintess's) presence only, which do not affect his/her personal right.
imroz ali ahmed
(Querist) 25 August 2018
my grand mothet inherited it from her father. Her father did not executed any deed or will in his life time. He died in 1964. She transfered revenue records ,ROR pass books on her name and enjoying the property.
imroz ali ahmed
(Querist) 25 August 2018
My grand mother’s father did not purchased the property and there is no evidence for the same and no one in the family knows its history..
He had 1 brother . He had 2 daughters (one is my grand mother) . In his life time he did not executed any gift deed or will . He died in 1964 . Since then the property came in to the hands of his 2 daughters and both of them are enjoying the 14 acres land half each. They transferred revenue records on their names and got ROR pass books on their names.
My grand mother had 3 sons 3 daughters.
My grand mother few months before her death executed gift deed of half share (7 acres) which was under her control to 3 sons , their wives , their children and did not gave anything to 3 daughters .
First my uncles registered 2 acres of land and took signatures of my mother and a aunt in witness section fraudulently by saying that they were applying for loan.
Remaining 5 acres were registered separately . Can my mother claim her share in property as per sunni muslim law ?
Please guide me
