How to get justice from honourable court
i want your valuable advice as soon as possible sir.My name is ahmed.i belong to a muslim family and my question is regarding property accoring to muslim law? my uncle(ie; mothers brother) has sent a notice to my mother through lawyer to vacate the house in 15 days.
And in the notice he has written lies against my mother that she is for rent in the house since 5 years and she has not paid any rent till now while my mother is daugher of the owner(maternal grand father) and he said she(my mother) is attacking his wife and children while my mother is innocent and has not done any such thing.And he is saying the property is
written to him by his mother(maternal grandmother who is alive) and now this property belongs to him and also he recently changed the address of the house too.And when anyone is asking him to show the property papers he is not showing the papers to anyone in the family.
And in reply to it my mother sent a notice to his lawyer saying that she is not rented here and she is daughter of the owner and she said she is staying in the same house
since 20 years as his father kept in the house because she was cheated by her husband and it is very true and my mother has all the current bills which she used to pay as proof. my maternal grand father(my mothers father) promised my mother to give that house to her but he dead unfortunately without writing that property to my mother.
And my maternal grandmother got mad after few years and she is listening my uncles words and behaving however my uncle is saying to do.And my mother told in notice, if any attack happens to her or her sons(ie; me any bros and sis) then he(my uncle) is responsible because he came to fight with my mother once and tried to hit her with flower pot but missed somehow.
And now after getting my mothers notice they decided to shift this case to court paying some money.Now please tell me how to defend these liers??And is it possible for them to vacate the house of my mother in 1 month after shifting the case to court???and if my mother files a suite against the whole property to get her part of the property ,will court does justice to my mother by giving herpart from whole property?And if she files a suite how many days will it take for the court to declare the final judgement???
Asked in Property Law from Kurnool, Andhra Pradesh
from facts stated by you it appears your maternal grandfather was owner of house . he died without leaving a will survived by your grand mother , your mother and your uncle .
since your mother is a legal heir to property it cannot be said that she is a mere tenant . you have not mentioned what case has been filed by your uncle .contact a local lawyer and fight case on merits
your mother can file suit for partition as she is a legal heir and entitled her share in the property .
your mother can file a suit for partition to receive here share
Advocate, New Delhi
sir actually we dont know whether my maternal grandfather has left any will or not?
my uncle is hiding the property papers and what my mother should do if he has written the will??
can she file a suit at that time??
Asked 3 years ago
if your grand father had left will it would have been disclosed by your uncle in legal notice . any how muslim cannot dispose more than 1/3rd property by will . your mother can file partition suit . if will has been left behind uncle would have to prove the will
Since your maternal grand father died without leaving behind a will his property vested equally in his widow and children after his death. Unless and until your mother made a deed of relinquishment or gift deed in regard to her share in the property her share is inviolate. It is preposterous to even think that she is a tenant. Your mother can at any time cull out her share in the property by filing a case for property division.
If a case has already been filed by your uncle against your mother then your mother should engage a lawyer forthwith and contest the case to protect her rights. If it transpires that a will has been made by your grand father then plan your next course of action accordingly after consultation with your lawyer.