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Property dispute between family members of differnt wives
Question
Sir,
This is about muslim famaily property dispute.My grand mother purchased 2 properties.
My grand mother(my mothers mother, grand mother has alredy given one property to daughter there is no issue in this part).Grand mother
has one more property, and she got one son and he got 4 marriages not at the same time but time after time legally.
Second wife has one daughter,3rd wife has one daughter 4th wife has one son.
My grand mother (her own property not anecestor property)regisred in register office half prtition
on the name of Second wife daughter and on her husband and it is accepted by her son and signed.
On the same regirstration papers mentioned that the remaining half partion is goes for her son after her death
and it shhould not be sold.Now grnad mother and son died.
There is no will ,agremnet or registrion in the name of her son ,but The 4 the wife son occupied entire property and filled a suit
that the property has been gifted to him orally by his father and obtined injection order.
The documnets he submitted are Encomburence certificate (it is inthe name of grand mother ) electrricity bill (in the name of grand mother son)
injectio order obtined based on his father has gifted propoerty orally no other documents submitted.Oppsite lawer
given Counter and it is almost 2 years now.
My doubt is how it is possiible to obtained injectio order without proper documnet.
what are options to ecxpidite the case as no proper documents submitted to claim .
or options to evict 4th wife son from the possession of the property untill matter setteled in the court.
Is it possible to request to vacate to injection order as no proper documents submitted.
Kindly advice.
Thanks
Answer ( 1 )
File an application for vacating the stay order on the grounds of hardship. unfortunately oral gifts are recognised in Muslims, otherwise division of property is governed by the personal law of your sect..shunni or shia, etc…