• Buying ancestral property in Bihar from a Muslim family

Hi All,
I am negotiating to buy a piece of Z's ancestral land with a house built on it. The land and house are in Z's possession now.
Z is the only daughter of her father 'Y'. 'Y' is dead. Z doesn't have any sibling.
The land is in the name of Z's great grandfather, 'A'. Lets call Z's grandfather 'B'. 
'B' has one son 'Y' and a daughter 'X'. The land is in B's father's name ('A').
B has divided his 10,000 sq. feet land into two parts. B has given 5000 sq ft given to daughter(X) and son(Y) each. The partition is done orally and everyone respects it. 
If i buy the land from Z without taking consent of X, will Z's aunt (bua) can claim on the land and house? Z doesn't want to bring her aunt in this deal. 

So the family tree looks like this:

 A(Great Grandfather)
 |
 B (Grandfather)
 | |
X (B's Daughter - Alive) Y (B's Son) (Dead)
 |
 Z (Y's Only Daughter)


Please advise.
Thanks,
Saif
Asked 7 years ago in Property Law
Religion: Muslim

First answer received in 10 minutes.

Lawyers are available now to answer your questions.

6 Answers

1) deed of partition has to be duly stamped and registered to be admissible in evidence

2) advisable that X and Z enter into deed of partition or settlement for division of land

3) if you purchase land from Z you can face legal complications later from X and her family members

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

1) you should not purchase the property if z does not wan to bring X into picture

2) litigation is long drawn process and takes years to be disposed of .

3) further it is very expensive proposition . hence always play safe

4) you would win the case unless X family is able to prove that z father gifted property to them by hibanama or executed sale deed or mortgaged the property

Ajay Sethi
Advocate, Mumbai
95168 Answers
7604 Consultations

5.0 on 5.0

If B dies before 2005 and the property you are purchasing is ancestral in nature then x has no share in the same.

Devajyoti Barman
Advocate, Kolkata
22917 Answers
497 Consultations

5.0 on 5.0

There is no question of ancestral property in the Muslim religion.

Since the property was partitioned orally allocating each individual's share, the respective share holder can inherit or acquire their respective share in the property, in my opinion, there should be no further partition to the already partitioned properties, nor i she tries to claim any, the same may not be maintainable

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

Please note that i am buying Y's share only. That is, Z's father's share.

Take a legal opinion from a local lawyer and then proceed with the proposed purchase if he nods okay.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

The problem is Z doesn't want to bring X into the picture.

Suppose, i am going with the purchase without X's consent and X or her family member files a claim on Z's property (which will be mine), what are the possible outcomes of legal tussle? What are the chances that the judgement will come in favour?

Instead of putting the queries here in this forum, you may get a legal opinion from a local lawyer by producing all the relevant papers before him/her.

If the lawyer opines that this cannot be bought due to the possible rival claim in the later stage, you may better drop or reject the proposal.

T Kalaiselvan
Advocate, Vellore
85369 Answers
2231 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer