• Muslim law - property issue

My grand fathers father have property on his name .my grandfather have one more brother but in revenue records these two persons( grand fathers) names are not entered.and the same property has been enjoying both of them and after few years my grand father was mortgage the property to other person and he was died and same property is enjoyed by other persons . after his death my father who elder in the family he came to know the status of property which was kept in mortgage mode . and return all amount to that person and he retrieve the property.as a elder (gardiner)he have 2 more brothers 11 years ,07 years and 1 sister 1 year, grand mother. my father think that he need to distribute the property to his brothers and sister, grand mother .and did the same .after few years grand mother passed away and sister & brothers got married and settled in life. later my father was asked them about there shares in property and they say that they don't need anything.after that my father decided to share those shares to my sisters and he did the same .this was happen 20 years ago. suddenly now they are asking shares in property. please advice above issue . how avoid them as per muslim law. and property has been released from mortgage by my fathers own amount.they did not pay anything. as a guardner my father taken care bout them with his own amount upto major stage of their brothers.
Asked 4 years ago in Property Law
Religion: Muslim

8 answers received in 1 day.

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11 Answers

It would be better for you to take proper legal guidelines by showing complete files of your case to an advocate so that you can take a right path to handle your issues. Vague answers will not give you the exact relief .

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

On demise of grand father your father and his siblings are the legal heirs

2) mutation hasn’t been done of property in name of your father and his siblings

3) although your father repaid the loan it was for and on behalf of the family

4) his siblings can claim share in property

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

Siblings can claim equal share in property

If your father has paid them their share was it by cash or cheque

Has he obtained any acknowledgment from sisters

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

Sir they have the right in property but they gave up same so since oral gift under muslim.law is valid therefore, in case they go to court for there share it can be contested that when they turned major they made a oral.gift in favour of the elder brother.

As per the muslim law the oral gift is valid and it cannot be revoked in these circumstances the case can be contested .

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

See in case of the property partition since limitation doesn't apply right is alive but in my gift is the best chance we can contest in favour of elder brother and the sister.

See.since father laid at that time he could have asked amount from.them as per there share but as elder he has paid and never filed for recover a joint property partition is not barred by limitation also.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. your father was under no legal obligation to release the property from the mortgage attachment

2. he did so voluntarily

3. the amount which he paid for releasing the property of the mortgage charge was not in lieu of or against the release of shares by his siblings

4. therefore your father's siblings still have a legal right in the property

5. however since your father paid the mortgage debt, he is entitled to offset and adjust that amount on pro rata basis from his siblings

6. so in the event a partition suit is filed by your father's siblings to claim their shares by selling the property and distribution of money between the legal heirs, then legally your father has the right to deduct the proportionate mortgage amount with interest from the moneys payable to his siblings

Yusuf Rampurawala
Advocate, Mumbai
6880 Answers
79 Consultations

5.0 on 5.0

Hello,

After the death of your grand father, your father and his siblings will be the legal heirs and as such the siblings can claim equal share in the property, since your father repaid the loan on behalf of the family.

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

it is advised that you get in touch with some lawyer with entire set of documents who may then give you a concrete advise.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Dear Sir,

You make use of following settled law of the land as pronounced by Hon’ble Supreme Court of India, various High Courts and circulars of the State govt

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https://blog.ipleaders.in/rules-governing-inheritance-property-muslim-law/

Rules Governing Inheritance of Property under Muslim Law

Under the Indian legislative scheme, the rules that govern inheritance under the Muslim law depend on the kind of property involved. In cases of Non testamentary succcession, the Muslim Personal Law (Shariat) Application Act, 1937 gets applied. On the other hand, in case of a person who dies testate i.e. one who has created his will before death, the inheritance is governed under the relevant Muslim Shariat Law as applicable to the Shias and the Sunnis. In cases where the subject matter of property is an immovable property which is situated in the state of West Bengal or comes within the jurisdiction of Madras or Bombay High Court, the Muslims shall be bound by the Indian Succession Act, 1925. This exception is only for the purposes of testamentary succession.

It is noteworthy that the Muslim law does not make any strict distinction between any two or more type of properties such as movable and immovable, corporeal and incorporeal etc. Since there is no such distinction between different kinds of properties, therefore, on the event of death of a person, every such property which was within the ambit of ownership of the deceased person shall become a subject matter of inheritance. The amount of property that shall become the subject matter of inheritance and is made available to the legal heirs to inherit shall be determined after making certain appropriations. Such appropriations may include expenses paid in lieu of funeral, debts, legacies, wills etc. After making all these payments, the left over property shall be termed as the inheritable property.

Principles governing rules of inheritance of joint or ancestral property

Unlike Hindu law, there is no provision of distinction between individual i.e. self acquired or ancestral property. Each and every property that remains within the ownership of an individual can be inherited by his successors. Whenever a Muslim dies, all his property whether acquired by him during his lifetime or inherited from his ancestors can be inherited by his legal heirs. Subsequently, on the death of every such legal heir, his inherited property plus the property acquired by him during his lifetime shall be transferred to his heirs.

Birth right

The principle of Hindu law of inheritance of Janmaswatvad does not find place in the Muslim law of inheritance. The question of inheritance of property in Muslim law comes only after the death of a person. Any child born into a Muslim family does not get his right to property on his birth. In fact no such person holds becomes a legal heir and therefore holds no right till the time of death of the ancestor. If an heir lives even after the death of the ancestor, he becomes a legal heir and is therefore entitled to a share in property. However, if the apparent heir does not survive his ancestor, then no such right of inheritance or share in the property shall exist.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

If your father had transferred his brother's share to his sisters then how can his brothers claim any share in it now when they have already consented for this transfer?

If the sisters are agreeing for a an amicable settlement then they give away their share to their brothers, if they dont agree then the brothers have to file a parition suit only (provided the earlier transfer was not be a registered deed).

If this situation is applied as per Shariat law, then the property transferred by Hiba given to sisters cannot be revoked if that was accepted by the sisters, in that event the brothers may not be able file even a partition suit claiming their legitimate share in it.

T Kalaiselvan
Advocate, Vellore
78073 Answers
1543 Consultations

5.0 on 5.0

Your question is not clear and it is ambiguous.

Earlier you said that your father transferred his brothers share to his sisters now you say that your father transferred his share to his children, which is correct.

Your father has no right to the enire property even though he discharge the entire mortgage loan.

He can claim the amount from his siblings towards his share from the mount spent by him and should have partitioned the property among everyone who are eligible for a share

He has to anser before court on this if they decide to file a partition suit.

T Kalaiselvan
Advocate, Vellore
78073 Answers
1543 Consultations

5.0 on 5.0

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