1) file suit for partition for division of property by mertes and bounds
2) seek injunction restraining sale of proeprty
3) sons can only sell their share in proeprty
My grandmother passed away recently leaving behind 2 sons and 2 daughters who are now joint owners of her property via inheritance as she died intestate. What legal steps should the daughters take to make sure that the sons dont sell, rent or transfer this property without the consent of the daughters. Can the sons sell, rent or transfer this property without the consent of the daughters by using some trickery? We are Muslims and thus the daughters get half the share in inheritance (approx 16.5% each) as compared to the sons (approx 33% each)
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1) file suit for partition for division of property by mertes and bounds
2) seek injunction restraining sale of proeprty
3) sons can only sell their share in proeprty
Dear Clie,t
Any sale/trasfer without daughter`s authorization will be illegal and same can be cancelled by approching court.
And for a precaution, partition can be execute.
Is it possible for the sons to sell this property before the daughters take the legal steps, by lying to the societies and buyers that my grandmother had only sons and no daughters (as the names of the daughters are not mentioned in the sale deed yet because my grandmother was the sole owner till she was alive) In such a case will the sons be punished by law?
in case sons sell the proeprty you cna file suit to set aside sale deed
2) you can send letter to society not to transfer flat without consent of daughters
You have to file Partition suit before the civil court , You can also file petition for injunction in the same partition suit to avoid transfer. You have all the legal rights in your mothers property as per the Shariah.
You can also approach if any Shariah board situated in your jurisdiction for partition of property they will amicably solve the dispute issue.
Hi
you can issue a legal notice to the brothers that daughters have an undivided share in the property under Muslim Personal Law and the sons should thus refrain from creating any third party rights over the property
mark a copy of above notice to the society
alternately you can address a letter to the society informing about undivided share of daughters in the property and requesting society not to entertain any transfer application from the sons. Mark a copy of this letter to the sons
you can also issue a public notice in local newspapers informing the public that daughters have a legal share in the property and no member from public must deal with the same without the daughter's consent and anybody doing so would be doing at his own risk and be liable for legal action
talk to the sons for amicable and mutual partition of the property by metes and bounds and claim share of daughters
if the sons do not accede to above request then you will have to file a partition suit in court
also you can file a letters of administration petition in High Court to administer the property of deceased grandmother
Most of the property is in the form of flats and shops and will be of no use if it is partitioned and thus all the 4 children are not interested in partitioning the property (this is what i understand from a partition suit.) All the 4 children are willing to sell the property and share the profits. However the daughters are slightly worried that the sons might use some trickery and sell the property behind their backs and just want to make sure that they can take legal action if this happens.
1) inform society not to permit sale of flat without their consent
2) carry out mutation of property in name of legal heirs
3) if brothers try to sell proeprty without your consent they would not be able to do so
As i said, without including them in sale deed as seller/owner, any sale will be illegal and they can file FIR u/s 420, 406 IPC and in all cases partition not needed but distibution of sale consideration acc. to % of ownership.
yes such properties are not capable of being physically partitioned as they are not lands
in a partition suit the court will direct the properties to be sold and distribution of sale proceeds between the legal heirs as per their entitlement under Muslim law or as mutually agreed between them
I now understand that the property cannot be sold legally without the permission of the daughters. Can the sons rent the property without the permission of the daughters before the daughters notify the societies? Does the percentage of share make any difference? Or the daughters consent is needed even though her share is less than that of the son?
Without consent of sisters brothers cannot sell the said property. Try to solve dispute through any mediator how have knowledge In law and Shariah.
Rent agreement executed without co owner can be challenged in court.Singly son can put on rent upto their share and for complete property, either dughter will become party in rent agreement or authority given to brother to act on their behalf.
even for renting the daughters' consent will be required
if the sons rent the property without daughters' consent then they can claim their share of rent from the brothers
you also need to inform which school of Muslim law do you belong to ? Shia or Sunni
and on demise of grandmother who all were living
The daughters based on the death certificate and the affidavit and faily rasan card get there names mutuated along the son in the properties of the mother with the revenue/ muncipal department. Further all the legal heirs can apply for mutuation together with all consent so that COurt orders are not required(Letter of Administration). Further on mutation in records the brothers wont able to sale transfer or make a rent agreement without there consent,
If son give such affidavit and make sale such sale is not valid and they will be punished for cheating fraud, breach of trust and court shall cancel the sell deed and give daughters there share,
Sir if all want to sell the property then partition suit not required to be filed neither partition is required they can make an family settlment deed regarding same and can sell the property and share the profits there of. Further in meantime they can share the rent income partition suit or deed are not as required in this case then.
Alternatively all can also mutually make an registered partition deed if they want to parrtition of there share,
See rent agreement all the owners signature are required so legally if they rent without knowledge such agreement is not valid and secondly daughters can give notice to brother and reocvery there share from rent if it done. For consent share doesnot matter even there share is less they are owner and her consent is required,
Sons cannot rent the property without daughters consent
share of daughter is immaterial
consent is necessary
The daughters have decided to initiate the process by issuing a public notice in a newspaper stating that no property that was owned by their mother at the time of her death shall be sold or rentned without their consent. Can the learned lawyers here let me know in consice what should be the content of this notice? Will the newspaper ask for any document to prove that the daughters are legal heirs?
1) notice should mention that mother died intestate
2) that deceased is survived by the following legal heirs
3) that public is warned not to purchase the property without the consent of daughters
4) newspaper would insist that you produce some documentary evidence that deceased was your mother
take notice that so and so have undivided right and share in the properties mentioned in schedule and that our brothers are illegally attempting to create third party rights in the same without reference to us despite we having a legal share in the properties and thus no person should deal with them without express consent and knowledge of the undersigned and whosoever so deas will be liable for legal action at their entire risks and consequences
then give description of properties in schedule
newspaper publisher will not be interest about the dispute. You just have to give them draft notice and they will publish it
publish in 2 local newspapers - one English and Marathi
Free Press Journal and Lokmat are recommended
Give details of property too, otherwise how public will know, talking about which proerpties.
NO documents will require, for better content of public notice can contact with property details.
Sir notice shall constitute that it is hereby notified that Smt. _______miother has expired leaving behind so and so properties(address of properties), then name of children these are the legal heris and they are in process to partition the property by mutual division so before the registration of partition if this property is purchased taken on lease without consent of legal heirs then the legal heirs can take step agaisnt such person and he will bear his on liss.
No newspaper wont ask as such for the advertisement for public notice take help of an advocate to draft and dive newspaper notice.
If you feel like they can sell the property or create third party rights without telling you then you can take injunction order from the court for the same.
If the daughters apprehend that their brothers may deprive their rights in the property they may file a partition suit seeking separate possession of their legitimate share in the property and also for a stay against them restraining them from alienating or encumbering the property in any manner till the disposal of the suit
The sons cannot sell the property without the consent of daughters.
It would be invalid and illegal.
The court may cancel the registration by a judgment.
If everyone decide to sell the property and share the sale consideration amount accordingly then they may first arrive at an agreement about the distribution of the same and then sign the sale deed.
You may not be able to retrieve after sale execution is completed
Daughters consent is absolutely essential for any transaction to be carried out in respect of this property.
You can engage the services of any local lawyer and get the public notice published in the local newspaper.
Hello
The property has to be divided as per the Mohammedan law. The daughters would get their rightful share from the court. The sons cannot either sell or rent or do anything to th he property without the consent of all the shareholders which includes the daughters. If they do anything you can obtain an injunction from the civil/high court. Giving notice in the newspapers is a good idea but is not so effective. Obtain an injunction from the court so that they cannot do anything without the consent of the daughters or pray to the court to appoint a receiver till the property is partitioned.
Regards