• Property issue -partition suit as per muslim law

*My grand father have ancestral l( immovable) property on his name . 
 he have 2 sons 2 daughters .
*Before his death one of his elder son wife occupied some property with help of civil low court degree. and other side his second son also did the same with help of civil low court degree he occupied remaining property.

* After death of my grand father (1989)my mother and aunt came to know that all property has been taken out by his brothers .
*Immediately they asked there share in fathers property and argued with there brothers ,brothers promised that they will give the share as per the Muslim law but they cant implemented the same .
In between one of there young brother expired in 2009 .
*After his funeral my mother and aunt asked about there shares to her brother elder son, he promised that he will give the share as per the law.
Other side he transfer all property to her mother name ,once the process has been completed then he refused to give the shares to her aunts in the property.
*Then my mother and aunt partition suit is filed as per Muslim law .in 2009 .
In this case they submitted the degrees which are issued by low court .and say that the property has been sold by my grand father to his sons .
*They did not submitted the sale documents in the court. just they submitted the degrees which they got from the low court . 
*Due to this court has given judgement their favour.
In judgement court conformed that before my grand fathers death all property has been sold out to his sons and others. 
So there is no scope for partition suit so my mother and aunt appeal has been dismissed and judgement has given in the favour of them .
we appeal in the dist court now and case is going on.

My questions are below.

1) as per Muslim law ancestral property can be sold out with out information of his legal heirs?
2) if my grand father sold the property to any person /his own sons and her wife's is it possible in Muslim law??
3) They did not submitted any sale deeds to court but only shows the degrees which was issued by court??
4) what is the validity of degree which is issued by court?? in case if they get degree with submission of false information to court??
5) how can we challenge the degrees which is issued in low court? and what is validity of challenge of degree ?
6) One degree is issued on around 1978 and other one is around 1989 years? tell me the process how can i challenge same to cancel?
7) if my uncles( mama) buy the property from my grand father then why they approached court and got third party degree?? 
8) father can sale his ancestral property to his sons?? with out informing to his daughters?? is it possible??
9)please suggest me as per Muslim law - how can my mother get share in the property.??
10)Any son can get degree against his fathers property??in Muslim law?
Asked 4 years ago in Family Law
Religion: Muslim

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4 Answers

1) there is no concept of ancestral property among Muslims

2) grandfather is at liberty to sell his property during his lifetime

3) it is sufficient if court decrees are furnished

4) there is no appeal filed against decree and it is final and binding on parties

5) after lapse of 40 years you cannot challenge decree

6) consent of daughters is not required for sale of property

7) mother can get share in her father property as per Muslim personal law only if her father has any property standing on his name

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

1)Right of Females in inheritance of property

Muslim does not create any distinction between the rights of men and women. On the death of their ancestor, nothing can prevent both girl and boy child to become the legal heirs of inheritable property. Preferential rights do not exist. However, it is generally found that the quantum of share of female heir is half of that of the male heirs. The justification available to this distinction under Muslim law is that the female shall upon marriage receive mehr and maintenance from her husband whereas males will have only the property of the ancestors for inheritance. Also, males have the duty of maintaining their wife and children.

2) its better take a fatwa of partition from Jamia nizamia Mufti through online or offline.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 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

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

1. As per Muslim law there is no term called ancestral property.

The property cannot be sold without the consent of other legal heirs.

2. If he sells his share of property to anyone, nobody can question his authority.

3. What is the case about?

4. The opposite party has to prove that they have approached the court with false information, the outsider cannot grumble over this issue if the court has already passed a judgment on the matter.

5. If you were a party to the suit and aggrieved by the judgment then you can prefer an appeal against the judgment

6. Until you are not a party to the suit you cannot challenge the decree.

7. The suit papers are to be seen for giving an answer to this question.

8. There is no term called ancestral property in Muslim law, hence this cannot be challenged.

9. She cannot get any share during the lifetime of your father.

10. Not during the lifetime of his Father.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

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