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Asif Ali (student)     23 March 2013

Property inheritence / and forcefull possession

dear sir, i am a muslim and i request to answer my question as per mohammadan law which is applicable to me. my uncle died on 13 dec. 1991 childless leaving his mother and his wife. out of fear that my uncle's property to go to us, my aunt called up his brothers and forged all documents to gift all the property to the newphew of my aunt. the forgery was like this. they made a will (as to my uncle made it) saying that i am ill and any thing can happen to me so i bequeth all my property to my mother (my grand mother was 70 year old and paralysed). my uncle was ~45 and well built man and died of heart attack (we dont have any evidence). then they made a deed fo gift from my grand mother to nephew of my aunt saying this person is taking care of me as my son hence i am gifting my property, however the newphew of my aunt who received the gift was below 18 at that time. we have had a little idea about some like this has happend, but we never enquired and also didnt take posession of the property as my aunt was alive. now the newphew of my aunt is selling those property and we objected. he has now sold a part of property ot a strong guy we will take possession by force. we have filed a law suit making our aunty as party to dividing the property as to we dont know story of her nephw. kindly advise where do we stand according to law and if that guy takes the possessioon what will eb our options. i will greatly apprecitate any help in this regard.



Learning

 2 Replies

Subash M R (Advocate)     23 March 2013

Keep in mind the allegation of forgery,one of the special features of the Mohomedan will is that the testamentary power is limited to one-third of the surplus estate after payment of funeral expenses and debt and no bequest to any heir is valid in the absence of the consent of the other heirs after the death of the testator.

M.R.SUBASH,Advocate 

Asif Ali (student)     23 March 2013

MR Subash Sir, thank you so much for your kind response! i would be very glad if you englighnten me on the following points:

1) we heard that the other party has sold part of property today (registery by deed) to a strong man and definately that guy will come to take possession of the property forcefully with gundas, we dont want to fight and indulge in criminal cases. our civil law suit will be filed in court on monday 25/ march 2013. what will be implication if they take possession of property? will we be able to reclaim if we win the case through court proceedings?

2) at the time my grandma gave bakhsisnama (gift deed) the this guy we was minor and has himself accepted the gift, will it make any difference in court as he was a minor at that time and the gift should have been received on his behalf ?

3) they have mention the will of my uncle in the gift deed which is absolutely forgery (they have done it after his death) and we can proove it in the court. so if the will is prooved invalid in the court, consequently gift deed can be construed invalid?

i m eagerly waiting for a response. regards,


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