Only in case of self acquired property the deed will be taken into consideration as the intent of the person who is the owner has to be respected. When the same is not self acquired then the distribution will be based on sharia law
Legal heirship advice as per India sunni muslim law
Need advice on the my Maternal grandma's Father property and their legal heir-ship. Just to give some background information, we basically belong to Sunni India Muslim tribe. My grandmas's father bought a property in 1953 and registered it in his name. He executed a gift deed on 1982 is as follows "I have executed this gift deed is that 1st one is my daughter, second one is my daughter's son, thus grand son to me. Having love and affection towards you, for your future life intend to provide some property to you, with this opinion, at free of cost the property worth Rs 10,000/- gifted to you and provided the rights over it, thus hence forth the scheduled property during my life tenure possess and enjoy the same and after my after me 1st one (Daughter)A without making any transactions over it with rights and after her death, 2nd of us (Grand Son)B should possess and enjoy holding full rights over it. In the matter, either by me or my heirs will not hold any rights over it. This gift Deed is executed by me with my own consent." Subsequently, my grandmother's father passed away during 1982, his Daughter's Son (Grand Son)B Passed away in 1996 and my grandma died in 2017. She did not leave any will for her property. There are 2 daughters to my grandmother father having no son. my Grand mother has one Son and one Daughter both are passed away before my grand mother. My grand mother's Son has 3 children and Daughter has 4 children. Now who will be the legal hairs of this property. Will it be succeeded to us or will it be devolves to my grand mother sister who is alive today. My Grand Mother's Son's Children are demanding that the property will devolves to them as in the deed its mentioned that after my grandmother's death it goes to his sone and they are the leagal hairs of their father and the municipal authorities and sub-registrar also supporting that. Need your experts advise on this please.
Asked 4 years ago in Property Law
Religion: Muslim
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5 Answers
Since B expired before grand mother, gift not completed in his case and property rested with grand mother only for her life enjoyment.
After her intestate death, her legal heirs, children of son and daughter will inherent the property.
BUT
In this case, gift had completed in 1982 as both mother and her son accepted the gift hence gift completed. Gift was operative in phases.
And after mother`s death, B heirs are entitle to claim property.
Greetings!
Gift deed is executed to whom if it's to you then you will be entitle to the whole property and in which part you have gifted to your daughter and grandson .
However if it's an ancestral property and no gift or will is executed to the whole property in such case all the legal heirs will be entitled and they all will have a right to get their shares and can also approach a court for partition by filing a partition suit.
Note: I suggest to resolve the issue amicably by mutual understanding and try to convince the blood relatives and pay them some part portion of amount if they are agreeable if not no other option left either you have divided the shares or they will approach a court for partition!!
Once the woman acquires any property through gift or by inheritance or it a self-acquired property, she becomes the absolute owner of the same. her childrens are legal heir class1. if the Childrens has expired then grand childrens can file a suit for his fathers share as his legal heirs.
As the the recital of the registered gift deed executed by your grandmother's father, the property shall devolve on your grandmother who shall have life interest alone and after her lifetime the property shall devolve on her named son.
This will mean that the legal heirs of the predeceased son shall be entitled to inherit the proeprty as per their entitlement as prescribed in the law of inheritance as per Muslim personal law.
There can be no dispute about the sharing of the property, because whether he is alive or dead, the son who was alive at the time executing the registered gift deed, and the same was acted upon by him jointly along with his mother, hence the gift deed was enforced and acted upon.
Thus as per the recitals the property ultimately shall be enjoyed by the son, now in his absence, the property shall devolve on his own legal heirs who are entitled to inherit the property as per the Muslim law of inheritance.
You can discuss with a local lawyer having thorough knowledge on the subject and decide further course of legal action on this
