Question
My parents are three siblings. My grandparents owned three separate plots: 2 katha, 2 katha, and 4 katha. After my grandfather’s death, my father and his two siblings received their shares of his property. However, my grandmother then transferred her share entirely to her other two children, leaving my father with nothing. Does my father have any legal right to claim a share of my grandmother’s property?
Answer
- Right to Inheritance: Under Muslim inheritance law, a son has a natural right to inherit from both parents. However, a person can choose to distribute their property differently through gifts or transfers during their lifetime. If your grandmother transferred her property to the other siblings as a gift or sale before her death, then your father might not have any claim to that property.
- Challenging the Transfer: If your grandmother was influenced or pressured into transferring her property unfairly, your father may contest this transfer in court. He could argue undue influence or lack of free will if there is evidence to support such a claim.
- Division Upon Grandmother’s Death: If your grandmother is still alive, she has the right to decide how to distribute her property. However, if she has passed away, and if she did not formally gift or sell the property to the other siblings, your father may have an inheritance claim under Muslim inheritance law.
- Consult a Lawyer: For complex inheritance issues, it’s best to consult a lawyer. They can review the details of any property transfers and determine if your father has a legal basis to reclaim a share.