Legal Question in Family Law in Pakistan

My younger brother in connivance with my maternal uncle forced(by coercion) my mother to gift him prime land, knowing well that he was entitled to half of that property upon her death, as we were only two brothers and no sister was present.The transaction took place in my maternal uncle's house as my mother was an illiterate lady and also parda nashin recorded by girdawar (revenue official), and later on attested by the tehsildar(revenue officer).The witnesses were my maternal uncle and a friend of my brother so that it may be kept secret from me. My brother's friend who is a witness does not know where the land is actually situated and neither do my maternal uncle as he is from another town. Also my mother does not know the other witness(my brother's friend).This took place in 1987,four years after our father's death.The property was never partitioned after father's death.The land which my mother gifted(hiba) was gifted to her by my grandfather in 1936.My brother died due to cancer in 1994 and my mother died in 2004. My maternal uncle died in 1992.Only one witness is living and uptil now he has never spoken about it.My brother left behind a wife and two daughters only.My brother's brother-in law has now grabbed all the prime land. even that which is not included in the gift.Our ancestral land, including my mother's property was never partitioned during the lifetime of my brother and mother.We are Sunni Muslims of fiqa Hannafi.I am willing to the partitioning of land as per law of the land.Please guide me regarding the land which my mother was coerced to " gift" to my brother.


Asked on 9/19/13, 5:31 am

1 Answer from Attorneys

Salman Khan International Lawyer

You also have right in inheritance to your deceased brother as 2 daughters inherit 2/3rd of property. Solution is partition.. Let me know when he forcefully took the possession at [email protected]. Dont waste time to loose remedy.

Regards,

www.thepleaders.com

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Answered on 9/20/13, 7:43 am


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