Sir, Please guide me with relevant rules under (Sunni) Muslim Law.
My Maternal Grandfather was a State Government Gazetted officer who purchased a property in his wife's name for Rs.10,000 in the year 1980. My grandmother was a household lady. My Grandfather expired in the year 1987 and my Grandmother expired in the year 2016. Inbetween both Grandparents death my mother (their daughter) expired in the year 2012. Predeceased to Property owner's death.
Now my question is to good advocates is :
1) Can I get the share from my Grandmother's Property under Muslim Law?
2) Is there any case law judgement in this regard, that if a Muslim Government Servant purchases Property in wife's name who is not an employee anytime will become the property of the government servant and should be shared amount all the deceased family members as per Muslim Law?
3) The said Property share was never been claimed by my late mother during her lifetime. Now I want to file a suit. Can I win the case?
4) The Property is both in registered (40%) and remaining notarized (60%) in which 60% was divided among my uncle's and aunts in the year 1997 from that date onwards paying Municipal Taxes and in the year 2015 got it Registratered by my Grandmother. The Registratered Property of 40% which is in my grandmother's name has gone in road widening and expecting compensation for the same.
Could you please guide me can I claim a share on my mother's behalf both in land acquisition compensation and also in the remaining left over 60% building Property. Please guide me respected advocate Sirs.
warm regards to you all
saqeb
Admittedly, the property purchased in your grandmother's name though the consideration (price) was borne by your grandfather; the grandmother had no sources of income of her own.
Your mother had predeceased the grandmother. If the property belonged to your grandmother, your mother could not have any right or share because, in accordance with Mohammedan Law, the property opens up for partition only after the lifetime of the owner.
However, if it could be proved that the property belonged to the grandfather, who had predeceased your mother, certainly your mother had share. So, her children can claim their share.
What do you mean by "4) The Property is both in registered (40%) and remaining notarized (60%) in which 60% was divided among my uncle's and aunts in the year 1997 from that date onwards paying Municipal Taxes and in the year 2015 got it Registratered by my Grandmother. ." How was the properties divided among the among the uncles and aunts? Was there gift (hiba) by the grandmother? Mere payment of taxes does create or divest title.
