Hi,the property shall transferred equally among all the legal heirs ( sons daughters and wife )...Any spouse can transfer his or her share in favour of anyone through transfer deed in the registrar office ...
Ancestral agricultural land
My father has passed away last March. He has 18 acres of ancentral land. 1. He has three sons and three daughters. 2. Our mother is also there. 3. What is the law whose name will come in pahani copy? 3. Can this land will be transferred to sons only ? With the consent of mother and sisters. 4. Or will it be on joint names of all sons and daughters with mother. 5. What is the procedure how to approach for transfer, what if talathi village accountant refused to transfer it on joint names under the influence of anything. 6. Or if we brothers and sisters and mother don't reach to a conclusion can we keep it on father's name only for sometime even after his death? Is there any time limit?
Asked 4 years ago in Property Law
Religion: Muslim
16 Answers
Land will inherit inall by 1/7 share each and pahani will transfer in joint ownership of all 7.
To transfer only in sons name, mother and sisters have to execute release deed.
If talathi not transfer, complain to collector.
No time limit but as soon it will transfer, outside claim can be restricted.
Yes it can be transferred to sons only if there is consent of mothers and sisters with their noc
You will require death certificate along with noc of all the heirs who wants to transfer it
The properties lying on your deceased father, upon his intestate death shall devolve on all his legal heirs.
As per Muslim law of inheritance the sons are entitled to two shares in the property to that of one share entitled to the daughters, and the widow's entitlement is different to that of her children out of her deceased husband's properties.
In any case all the legal heirs of your deceased father are entitled to their respective legitimate share in the property which cannot be denied.
Hence it is advisable that you all arrive at an amicable partition, draw it as a deed, get it registered and then apply for mutation of revenue records to your respective names as per your shares as mentioned in the partition deed.
If anyone of the legal heirs is not willing for an amicable partition then he next option is to approach court of law with a suit for partition and for separate possession of your respective share in the property.
The land has to be divided as agricultural activities have to be carried out and revenue and other formalities have to be completed. The land belongs to all the heirs ie sons daughters and mother equally.
You may transfer the whole property in your mother's name if all of you agree to it.
Mutation of land records has to be done in the district collector office.
1. If your father has died intestate ten all his properties will be inherited by his widow, son and daughters in equal share.
2. Now all seven co shares can transfer their respective shares in favor of another or all by way of a registered deed of gift.
3. Only after transfer of shares the final beneficiary or beneficiaries can mutate his name.
4. If there is dispute as regards division of shares among yourselves then filing of partition suit is only option.
1. If no will then All brothers,sisters and the mother has share in the property.
2. To transfer property in name of brothers a registered relinquishment deed from sisters and mother required.
3. Legal heir certificate for transfer of mutation can be obtained from Revenue officer.
4. There is no time limit for transfer of mutation.
- Under the Muslim law, distribution of property can be made in two ways – per capita or per strip distribution, whereas per capita distribution method is used in Sunni law, and Strip is used by Shia.
- As per this method , the ancestral property is equally distributed among legal heirs.
- Further , there is no distinction between the right of men and women , each has right over the said property.
- However , a female will get half of the male share .
- Further , out of 100% share , share of mother will be 12.5%. and the remaining 87.5% will be distributed between sons and daughters. .
1. Yes, three sons and three daughters will get their share , but the share of daughters will be half of the sons.
2. Yes, your mother will get 1/8 share , and further sons and daughters total share would be .7/8.
3 .All the legal heirs name will come in Pahani copy.
4. Yes
5. Better to execute a family settlement , and applied for the same .
6. No time limit , if no settlement taking place then any of the legal heirs can file a case of Partition before the court for dividing the property under Muslim law.
Good luck and dont forget to rating Positively.
Property which h has remained undivided for 4 generations is ancestral property
2) there is no concept of ancestral property among Muslims
3) on father demise property would devolve on mother , sons , daughters as per Muslim personal law
4) mother and daughters can execute relinquishment deed for relinquishing their share in property
5) don’t keep property in father name
1. His class 1 heirs are his widow and all children. The share of each heir is 1/7th.
2. The share of daughters is at par with that of sons, hence sons alone do not succeed to the land.
3. The division of land can take place amicably by executing a registered partition deed.
4. You are free to keep the land undivided, but apply for mutation.
Dear Sir/Madam,
You are suggested to have the legal heir/successor certificate from SDM office and then you may get the relinquish deed from the members who are willing not to claim their shares. After that get the mutation done in the names as decided as per relinquish deed. In case no agreement is reached, the mutation will be on the name of all surviving members as per law.
Dear Sir,
My answers are as follows:
1.He has three sons and three daughters.
Ans: Total seven shares
2.Our mother is also there.
Ans: Mother will get one share thus total 7 shares.
3.What is the law whose name will come in pahani copy?
Ans: If all you 6 people give NOC with family tree and death certificate then it can be transferred to your mother name but it is not advisable.
4,Can this land will be transferred to sons only ? With the consent of mother and sisters.
Ans: Yes, but it will be not strong so better it your partition
Deed registered to avoid future complications or file a dummy partition suit and get a decree.
5.Or will it be on joint names of all sons and daughters with mother.
Ans: Yes, but again you will have face the music once your mother dies. Better go for above options.
6.What is the procedure how to approach for transfer, what if talathi village accountant refused to transfer it on joint names under the influence of anything.
Ans: You can approach the court through my office and get a partition decree after some time. On the basis of such decree the revenue authorities bound to transfer the property as per the terms of decree.
7.Or if we brothers and sisters and mother don't reach to a conclusion can we keep it on father's name only for sometime even after his death? Is there any time limit?
Ans: There is no time limit but it will be in danger situation. Please discuss.
You are governed by your personal law / Shariat.
Concept of ancestral property is not there in Muslims.
On death of your father, his property will devolve on his wife and children (wife, three sons and three daughters).
In case if any one / more of you is are not interested in your share, you can execute release / relinquishment deed in favor of others.
Upon above arrangement, get the names mutated in revenue records.
In case if there is a problem in getting the above arrangement completed, you better file suit for partition.
Do not keep the property in the name of your Late Father.
1. The property will devolve equally in seven equal shares among all legal heirs which include all children and wife of your father.
2. Yes land can be transferred on name of sons but only with consent of daughter's and wife of your father.
3. It will be on joint name if sisters and mother doesn't give consent to giveup their share from property.
4. Get legal heir certificate from tehsildar and apply for mutation of property on name of legal heirs.
5. Yes property can be kept on name of your father but it cannot be sold or partitioned among legal heirs without transferring the ownership.
In Muslim Law there is no difference between ancestral property and self acquired property. In muslim law son or any heirs has no right in property of his father (ancestral or self aquired) . After death of person his heirs has equal right in that property
Dear Sir,
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.
