wife is also one of the legal heirs of deceased . her consent is necessary to sell the property
3) seller should be Mrs E and her children and not grand children
Purchase of Agricultural Land
Hi, Am Hindu buying a piece of agricultural land property from Muslim as this property is inherited as explained below, Please provide your suggestions. 1. Mr. A Muslim person purchased property from Mr. B (Hindu) way back in 1955 2. Mr. A Muslim person died and property got transferred to his son Mr. C (as Pouthy Katha) 3. Mr. C Muslim person got 2 marriages to Mrs. D and Mrs. E. 4. To Mrs. D had 4 childrens of which 2 daughters (D1 and D2) and 2 sons (S1 and S2) 5. To Mrs. E had 2 childrens of which 2 sons (S3 and S4) 7. Mrs. D Muslim lady(1st W/o Mr. C) died. 6. Mr. C Muslim person died and property has been transferred to his childrens (D1,D2, S1,S2,S3 & S4) as Pouthy Katha. Now my questions as below:- Q1) At SALE DEED with childrens (D1,D2, S1,S2,S3 & S4) should I make Mrs. E as one of the party seller/vendor party ? Q2) These childrens (D1,D2, S1,S2,S3 & S4) have got their own childrens of which some are Major and some are minor, should I make these childrens - children as well seller/vendors or just keep only childrens ((D1,D2, S1,S2,S3 & S4) & Mrs. E as VENDOR. Your prompt replies will be really helpful to proceed further.
Asked 2 years ago in Property Law
Religion: Hindu
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8 Answers
Hello Ajay Sir, Thanks for your quick response, but in future will their be any Laws / Muslim law which gives power to these grand childrens (who are major and minor) to file a suite / case on this agricultural land property by mentioning that its there ancestral property and they have not received any share from same. Sir, the suggestion which you said will it holds good for both Hindus & Muslims ?
Asked 2 years ago
there is no concept of ancestral property among Muslims
The vendors will be Mrs. E, D1,2 S1,2,3&4.
There's no necessity to implead the next generation children of the children of C as vendors, because they are not entitled to any share in the property.
Your confusions and doubts in this regard are unnecessary.
Since the property is sold by Muslim vendors who succeeded the property through the deceased Muslim owner, the eligible legal heirs are required to execute the registered sale deed jointly.
Yes, E has 1/8th share in the land.
In Muslim, there is no concept of ancestral property. D1,D2, S1,S2,S3 & S4 children has no claim.
1. Yes, as this land in their ownership presently of D1,D2, S1,S2,S3 & S4) including Mrs. E
2. No consent is needed from the grand children , as there is not concept of ancestral property in Muslim Law
- As per Muslim Law, the right of inheritance of property comes only after the death of a person.
- Further, any child born into a Muslim family does not get his right to property on his birth.
You can do. 1 & 2
In general, when purchasing property, it is advisable to conduct a thorough due diligence process to ensure that the title is clear and marketable. This typically involves reviewing the chain of ownership, verifying the authenticity of documents, and ensuring that all necessary legal requirements have been fulfilled.
Regarding your specific questions:
Q1) Whether Mrs. E should be included as a party in the sale deed would depend on the ownership rights she holds in the property. If she has a legal share in the property, it may be necessary to include her as a party to the transaction. However, if she does not have any ownership rights, it may not be required. A lawyer can provide guidance based on the applicable laws and the specific circumstances.
Q2) The inclusion of the grandchildren as sellers/vendors would depend on their ownership rights and the laws governing the transfer of property in your jurisdiction. If the grandchildren have a legal share in the property, they may need to be included as parties to the transaction. However, if they do not have ownership rights or if they are minors, their participation may not be necessary or possible. Again, consulting with a lawyer will help clarify the requirements in your specific case.
Regarding the potential for future legal challenges based on ancestral property rights, it is important to consider the relevant laws and regulations in your jurisdiction. In some cases, there may be laws that provide for inheritance rights or ancestral property rights, which could potentially be invoked by the grandchildren in the future. Consulting with a lawyer who is familiar with the local property and inheritance laws will help you understand the potential risks and take appropriate measures to mitigate them.
