My father has another brother and 3 sisters. the brother and one of the sisters has died. I and my father just found that the property of my grand father has been transferred in the name of only two brothers. My father, an old man of 95, and me want it to be corrected by including names of 3 sisters. My father may not be able to move out. Some one may tell us the procedure and can there be any difficulty/hitch.
Ghulam Mustafa Malik
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syed shoaib abbas replied on Friday, June 19, 2015 09:40 AM
best way do justice in this case is yourself like keep land etc on your father and his late bro's family name same time give sisters from percentage wise if they want , else you have to gift them their right or they have to do a case documentation , patwaris will take lot of time bribe , just handle yourself in family meeting and do Justice there .
however if your grandfather only named your father and his brother as in old era people only used to give to sons , your father and now his late bro family are its real owners . if no family of you chachu than it your father too . |
Mustafa replied on Friday, June 19, 2015 10:39 AM
Its best to give the share of the three sisters in any case even if it was given to the sons by their father. If you have extra money then just give the rightful amount to sisters. If you don't have extra cash then sell the property and distribute the share of sisters. |
Ghulam Mustafa Malik replied on Friday, June 19, 2015 01:13 PM
Thanks for the replies. Unfortunately some one from the siblings of my uncle may not agree voluntarily. I wished if I file an application on the behalf of my father to get it officially done as proofs of 3 sisters are recorded. Who is the authority in this case. We are not interested to file as a court case.
My father has mad his mind to give from his share to sisters but still they will be deprived from half of the share. |
Arshad replied on Friday, June 19, 2015 01:19 PM
Inclusion at this stage will create some legal problems, so the best way is to hibba their rights, by doing so minimum amount is required plus this is 100℅ sequired and little involvement of patwaris as in Hibba cases they charge less rishwat |
Arshad replied on Friday, June 19, 2015 01:20 PM
Hibba is the best way.Less taxes on hibba so less amount is required, secondly it is wishful transfer if any one of you don't want to transfer rest of the people can do it, make another agreement on stamp paper that which part of land u r gifting to avoid future dispute |
Khan replied on Sunday, June 21, 2015 04:01 PM
Mr. Ghulam Mustafa Malik Sharia has given the share to daughters & this right cannot be taken away by brothers on any false pretext. Though in every case there is time limitation to initiate legal proceedings but in cases of inheritance if daughters are deprived of their share from the property of father they can approach court of law anytime even if third party interest is created. I tell you with guarantee that if the sisters file case for their share no one can deny their Sharee share they would definitely get their right however it mat take time in the court but at the end of the day surely they will get their share of property. Do file case if you fail on all accounts & I'm sure that the matter would be compromised when the fraud of brother would be highlited. The Punjab Govt has introduced a law whereby depriving female legal heirs is a criminal act & carries stringent punishment. Consider having recourse to this provision of law as well. Don't leave your right ask your aunts to approach court & if they do so your father if support the case of your aunts then they would be on much higher pedestal & likely to get their piece of land soon. No body would easily give share of cake illegally obtained. It is criminal act they have cheated not only your aunts but the Govt as well by concealing the existence of legal heirs of your grand father so any building built on illegal foundation is likely to fall. The legal heirs of your deceased aunt should be arrayed as plaintiffs along with their surviving aunt and the defendants should be the legal heirs of your deceased uncle along with your father. Your father should mention in his reply/written statement his willingness to give due share to his sisters. |
Ghulam Mustafa Malik replied on Friday, June 26, 2015 10:27 PM
Jazak Allah, I thank all brothers. Essentially I wanted to know the procedure. To whom I or my father should file an application?
Can a father gift/hiba his all or part of the property to one of his son? |
