• I need share in my father's property

Respected Lawyers.
My Problem Is Very Complicated I Don't Have Any Idea What Should I Do So I Request You Please Find Or Suggest Any Way That Take Short Time To Resolve It.
I Am 24 Years Old And I Have 2 Sister. My Father Got Married Another Women Who Had Two Child Already Was a Widow And She Had Big Insurance On Her Husbands Name So That's Why My Father Left Us Before 4 Years a Go. We Did a Complain After 2 Years When I Having Difficulty To Manage The Expense of My House As We Live On Rent I Had Complain Online But Case Register After One Year In To Local Police Department. So When I Went To Police Department I Refuse To Take Any Action Against Them As My Mother Don't Wanted me to Mess With My Father.So i Step Back But i gave Statment. We Are Not Getting Alimony From Him At All Since He Left Even He Never Helped Me For The Marriage Of My Elder Sister I Anyhow Manage Funds And Completed My Responsibility And Now i Get a Good Family Who Are Asking to Marry There Son To My Little Sister. I Any How Manage To Had My Sister Continue To Study And I Will Manage Funds For Marriage In Upcoming 1 Year But Because Of All this I Am Unable To Save Money To Buy My Own House As The Rents Are Too High And It Is Hard To Get Manage Everything As i Am Alone To earn Money In My Family. 
We Have Some Property At U.P Allahabad.(My Father Have 2 Brothers and 4 Sister All Are Married Only Last One Who Is Smallest Sister Age-35. Dont Want To Marry And She Is Doing Job In Anganvadi.
She Is Living There Alone. 2 Brothers Are Staying Other City's Just Supporting There Sister And Behave As All The Property Is Belongs To Her. I Am Living At Surat Gujarat But I Am Looking Some Help From There As I Don't Want To Live There. When I Ask For My Share That Two Uncle Of Mine And That Sister Of Them Just Refuse While Saying That "They Dont Let Me Sell The Property Only I Can Live There" They Know Very Well I Cant Do That As It Is Very Outside Area And I Cant Get Any Work To Do There. If I Can Get Share So I can buy a House At least I Can See Future For My Self. Every One From Fathers Side Behave As We Don't Exist Instead They Praising My Father And The New Family Of His just Because I Am Asking My shares In That Property, Let Me Clear 1 thing The Property Is Belongs To Great Grand Father They Were Staying there Since Long Time And Now After Grand Father&Mothers Death No One staying There Except That Little Sister Of My Father Every One Go there As Guest. 2nd Problem The Property Have Some Papers Which Calls "Satta-Khatta" Is on the Name of 3 Brothers But the Papers Kept By There Little Sister Who Live There.3rd Problem Is We Have Made Boundary's On The Land Because Of Some issue With Neighbor There But Only Little Area Is Left And The Boundary is Not Complete So I am Not Getting Any Idea How To Deal With This And No one Is Helping As If Boundary Will Be Done I Will Ask For Share So They Just Sit And Having Fun. I Only Want My Shares to Cell but..(LAGTA HAI MERA KOI HAQ HI NAHI).
Asked 4 years ago in Property Law
Religion: Muslim

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13 Answers

1) If you go as per ancestral property, you should get your share in the property see below definition.

Property inherited upto 4 generations of male lineage (i.e., father, grand father, etc.) is called as ancestral property. The right to a share in such a property accrues by birth itself, unlike other forms of inheritance, where inheritance opens only on the death of the owner.

So you have share in your father's share of property and that you can claim in the court of law.

First get all mutation records papers from the time of your great grandfather till date. So you will have idea how property is inherented and we will make your distribution share in it.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

hello,

it seems that you and your sisters have seen very difficult days because of your father. from what you have told me I understand that the property is ancestral and if it is so, you too have a share irrespective of what your relatives intend to do. therefore, you have to file a suit in Allahabad itself. the papers of the property have to seen and studied thoroughly in order to fully comprehend the nature and extent of your and your sisters' share.

regards

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

it is ancestral property and you have share in ancestral property

2) property which has remained undivided for four generations is ancestral property

3) you and your sisters can file suit for partition to claim equal share in property

4) your father is responsible for your mother and sister maintenance till their marriage

5) further your father has to pay for his daughter marriage expenses

6) your mother and sisters can make application under section 125 cr pc and seek maintenance from father

7) also file DV case and seek maintenance from father

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

You need to file a partition suit for the property to get your share in the property and after partition your father will be able to sell the property on NOC by the children.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Dear Sir,

The narration given by you goes to show that the properties are ancestral properties. In case of two wives, the children of both the wives are entitled for shares. First the property will be shared equally between two wives and thereafter the respective children share between themselves equally. Thus you may immediately file a suit for partition and get interim stay in respect of proposed sale of property if any. The proforma of partition suit is as follows:

========================================================================================

PRAYER

WHEREFORE, the plaintiff prays that this Hon’ble Court may be pleased to pass an judgment and decree in favour of the plaintiff and against the defendants as follows.

a) Directing the defendants to effect partition of all the suit schedule properties by metes and bounds and put the plaintiff in possession of 1/5th share.

b) For grant of costs of the suit and such other relief’s as this Hon’ble Court may deems fit under the circumstances of this case, in the interest of justice and equity.

APPLICATION UNDER ORDER 39 RULE 1 & 2 READ WITH SECTION 151 OF CIVIL PROCEDURE CODE, 1908

For the reasons stated in the accompanying affidavit it is humbly prayed, to restrain the respondents from alienating the suit schedule properties, till the disposal of this appeal, in the interest of justice and equity.

Appellant No.2

Through

Advocate

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Dear Querist

there is no ancestral property exist in Muslims and till your father is alive you have no right to the properties of your great-grandfather.

being a Muslim, your father and his sisters and brothers have only the right to the property and not you or your brother-sister.

it will be better to try to settle the matter with your father and get some share or money for your self as his wish and will and you can not claim the property as share.

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

Dear Querist

Before commenting, you should read the law, As per Islamic Law, there is no ancestral property or Joint family concept exist in the Muslims, the rules of inheritance is very clear that the property can be divided by the legal heir of the owner of the property, as the property is related to your grandfather or great grandfather then you are not the legal heir until your father is alive.

Alimony for your mother can be claimed if your mother has no source of income and not able to maintain herself then your mother may file a complaint under section 125 of Cr.P.C. and claim maintenance.

she may file a domestic violence case against him before the magistrate and claim the right to residence, monetary relief, and compensation under section 12, 18, 19 & 20 of The Protection of Women From Domestic Violence Act-2005

Law cannot be interpreted by the people but only by the Courts in India.

Dear, when there is no hope for you legally then why are you insist that my opinion in not good, it means you want a reply from the panelist only which satisfy you, so I am not a person who answers the query of the people without any law and logic, my reply will be based on Law and as per law you are not entitled to get anything from your father without his will and wish, legally.

If you are not able to understand then it is your problem, I cannot satisfy you by the wrong answer to your queries.

suppose I say that you can get the share from the property of your father and file a civil suit for partition or possession before civil court of area where the property is situated, and based on my information you filed the suit and pay the fee to lawyer and also deposit the court fee before the Civil Court and on the date of hearing the opposite counsel appear and argue the matter that this suit is not maintainable as per law and your suit should be dismissed, after hearing both the parties the court find that yes, the counsel of the opposite party is right and dismissed your suit, then......????????????

So it will be better to try to understand the law, Indian law and the Islamic Law both will be applicable in your case.

a person who is not caring for his family and live in adultery or having affairs and commit cruelty towards his wife and children, then there is more and other remedies are available.

remain, it was your query, it was your problems, we are here only to give our opinion if you think that our opinion is good for you then take it otherwise search for another.

Thanks for mentioning your view.

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

1) there is no concept of ancestral property among Muslims

2) however your father is bound to maintain his wife and daughters

3) if he refuses to maintain your mother and daughters they can file DV case seek maintenance from your father

4) in alternative make application under section 125 cr pc for maintenance

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Your mother was required to file a case in family court seeking maintenance

Under Muslim law, a person can marry more than once only if he is capable of maintaining all his wives and giving them equal status

You wont get any right in your grandfather's property now. You can only claim a share from your father's 1/3 share in that property and that too after his demise and not in his lifetime

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

ask in brief.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

If it is ancestral property then you can claim a share in the property out of your father's share in it.

You file a partition suit to claim your share.

Before that you consult an advocate in the local and ascertain the fact that whether you are entitled for any share and then proceed legally.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

Without knowing the position of law you are just blasting at lawyers who gave their opinions.

Your sentimental feelings do not have answers in law.

If you are disappointed with the online opinion then you must chide your own self for not providing correct information while seeking opinion to the legal issues.

In Muslim religion there is no term called ancestral property nor the term called coparcenary rights.

You are blaming your father, the lawyers, the law and your own religion for one individual's problem.

Think patiently and decide wisely so that you don't suffer more loss.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

If you have share in Property you can file partition suit in court and get your share from court

Prashant Nayak
Advocate, Mumbai
27275 Answers
88 Consultations

4.4 on 5.0

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