Hi,
Can someone help me with the below questions:
This is related to one of my friends. He is a muslim. He is the son of the 2nd wife of his father. His father has two wives. The first wife has one son. The second wife has two sons (my friend is the 2nd). His father had some lands sometime back in 1950s. Before his death he registered one share of the land to his first wives' son and the other part to his wife. After his death, his 2nd wife distributed one share of land as a gift to a mosque, remaining shares of the land (registered on her name) between her two sons equally. All these transactions are registered. At that time first wifes's son sued this and asked for more share in the court of law (RDO court). Court gave judgment in the favor of the 2nd wife's sons', on the basis of the fact that all the transactions are legally secured by proper registration. Note that this land is a self-acqiured land of the deceased father. After these many years, the grand-son of the deceased sued my friend (2nd son of 2nd wife) claiming that they need more share. Now my friend did hire a lawyer, under whose guidance we have also appended the previous judgment of the court as a precedence.
Now, he is a bit concerned whether the case is going in right direction. I am lawyer too, but do not have too much of idea on muslim inheritance law.
My understanding is as the court had already given judgment on this and limitation period is surpassed and no one really appealed on the then decision, they cannot reopen the case now and claim for more share. Moreover, eventhough there is no formal will from the deceased father, he did transfer the land and registered it properly. So, can you please advise further whether there are any points to be considered (especially from muslim inheritance law point of view, if we missed anything)?
