- As per Muslim Law, the right of inheritance of property comes only after the death of a person.
- Further, under Muslim Law, there is no distinction between the self acquired or ancestral property.
- Further, distribution of property can be made in two ways, firstly per capita or per strip distribution.
- Per – Capita distribution method is used in the Sunni law, and according to this method, the estate left over by the ancestors gets equally distributed among the heirs. Therefore, the share of each person depends on the number of heirs.
- Per strip distribution method is used in the Shia law, and according to this method, the property gets distributed among the heirs according to the strip they belong to, and hence the quantum of their inheritance also depends upon the branch and the number of persons that belong to the branch.
- 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 , and hence your mother has right over the property being one of the legal heir
- Hence, they cannot sell the property without her consent , and if they are doing so then your mother can file an Injunction suit before the court for restraining them from selling the property.
- Further, your mother can send them a legal notice for the partition of the property
- You can enquire from the office of the sub-registrar to trace the details of the property in the name of your grandfather.