Question
A respectable man divided his entire property equally between his only son and a deceased son’s child, before his death about 28 years ago. However, he did not give any portion of the land to his four daughters. We know that under Muslim inheritance law, daughters will receive a share of the property, but will not inherit any property from a deceased son’s child. However, that same deceased son’s child has written the land in his wife’s name upon receiving it. Now, after so many years, can those sisters recover their father’s land from their deceased brother’s child? The land is currently registered in the name of the deceased brother’s wife.
Answer
If the gentleman donates any property in the name of his foster son during his lifetime, then the relationship of ‘foster son’ will be forgotten. After providing evidence, one person becomes the ‘donor’ and the other person becomes the ‘recipient of donation’. Therefore, if not otherwise invalid, the foster son will not be able to regain the land in law.