Distribution of property as per sharia (islamic law) as well as indian law.
SAYARA IQBAL
(Querist) 18 January 2015
This query is : Resolved
Dear Sir/Madam,Good day..!!
My Grand Father (Nana) had three issues one Son and two daughters at present their ages are son 69years old daughters 64 and 62 years old.
Son is settled in U.S.A. from last 47 years with his family. He is green card holder of U.S.A.,Grandfather has provided money to him for his studies in U.S.A. but he has returned the same after some years after he got good job in U.S.A.
Our grandfather expired in the May 2001, and grandmother (Nani) expired in November 2013.
My mother and her sister had taken care of their parents till their death. In this period my uncle (Mama) used to send Rs. 2000/- to Rs. 5000/- per month to his parents.
My Grandfather had one house in Village and two farms on hills near the village and some cash.
In year 2000 our Grandfather had officially transferred the Village house to the name of two daughters (my mother and Aunt) equally and also transferred one small farm with house to my mother and another big farm to the name of my Aunt.
After the death of my Grandmother in November 2013 my uncle (Mama) and his wife came from U.S.A for two weeks. His wife claimed that all property (House/farms/cash) should be distribute to all three issues as per Sharia (Islamic law) mean 50 % to Uncle and 25% each to my mom and Aunt.
We are confused by her behavior because the house and farms are officially transferred/distributed by my grandfather to my mother and Aunt.
Please help us to solve our problem as per Sharia (Islamic law) as well as Indian law.
Thanks and best regards.
Sayara Iqbal
MUMBAI
P. Venu
(Expert) 19 January 2015
Transferred/distributed - Was it a gift?
Rajendra K Goyal
(Expert) 19 January 2015
How the property was transferred whether through sale, verbal or through gift deed duly registered.
ajay sethi
(Expert) 19 January 2015
grand father could during his lifetime execute gift deed in favour of your mother and aunt . your mother / aunt are absolute owners of said land
SAYARA IQBAL
(Querist) 19 January 2015
Transferred thru sale not gift
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T. Kalaiselvan, Advocate
(Expert) 21 January 2015
If your grandmother had perfect title to the property, then the execution of sale deed by her in favor of her daughters is valid.
