• Grandma property disputes

Hello
Sir/ madam 
My grandma have a son and a daughter.
Grandma->Son have 4 children(2sons,2daughters).
Grandma->Daughter has 4 children(2soms,2daughters).
My grandma passed away last year.
My mom (grandmas daughter) is no longer alive.
My uncle( grandmas son) is selling the property, do we have any legal rights on that property? 
If yes, under which section can I register the case or do I need to send the notice first? Let me know the steps and procedures to proceed further.
I am a Indian Muslim.
Asked 6 years ago in Property Law
Religion: Muslim

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11 Answers

Yes all the 4 children along your father (husband of the daughter of the grand mother) has equal right over the property of deceased mother (the daughter of grand mother) . you can file a suit for partition and can seek stay on the sale of the property. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You can send the legal notice first and try to get it settled through registered partition deed other wise you need to file suit under Muslim succesion laws applicable to you. 

Prashant Nayak
Advocate, Mumbai
34753 Answers
252 Consultations

You shall have to check first what mutation says about ownership.

Second, the claim can only be raised by daughter not further legal heir until any specific will is mentioned

Rest, only after seen the document and mutation, in-depth details can be shared

 

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

since the property is in your grandmothers name so you can claim your share by filing partition suit. 

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

On grand mother demise her son and daughter have equal share in property 

 

2) on daughter demise her share would devolve on her  children 

 

3) they can file suit for partition for division of property by metes and bounds 

 

4) seek injunction restraining sale of property by uncle 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Hello,

Yes you do have the right and for now file an application for injunction and a partition suit.

Regards

Swarupananda Neogi
Advocate, Kolkata
2996 Answers
6 Consultations

You can registered a civil suit for injunction order from the Court and also file a partition suit in the Civil Court in this regard the grandmothers property will be divided among all the siblings equally and later on it will be divided on the legal Heirs of the siblings as per their share the injunction order from the court will stop any selling activity aapke property by any individual who is having the posession of the property

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Kindly inform which school of Muslim law you belong to?

Shia or Sunni?

Yusuf Rampurawala
Advocate, Mumbai
7939 Answers
79 Consultations

Property will divide in grand maa children. Son takes double the share of a daughter, so both son will inherit 33% share around separately and both daughters will get 16% share each and daughter is the absolute owner of whatever property she inherits. And daughter share will inherit in her children and husband if alive. 

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

Your mother is entitled to one share to that of two shares that your maternal uncle is entitled out of their mother's property. 

As legal heirs of your mother, you can stake claim to your mother's share in the property.

You can first issue a legal notice seeking partition and your legitimate share in the property, if he refuses then you can file a partition suit before the court competent within your jurisdiction.

 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

Dear Client 

Your mom was entitled to get equal share from property of her grandmother.

And upon demise of you mother her share will be divided among her legal heirs that is to her children. 

You can file a suit for partition and Temporary injunction to restrain your uncle for selling the property before proper partition between legal heirs of grandmother of your mother. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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