• Ancestral property

Hello,

My mother has a ancestral property which is in the name of her father....The grandfather expired along time back and he had 4 sons and 3 daughters including my mother... Out of his kids 3 son and only 1 daughter ( my mother) is alive.

On the ancestral property of my grandfather 3 of his son is holding the possession and now they are planning to sell the property without doing anything to my mother and the legal heir of two other daughters. I want to check what are the legal remedies available with me to stop them from selling the property. Few more facts below

1) The property was bought somewhere in mid 1920s or 1930s the exact date of the purchase date is not known to anyone and one of the son is holding the property papers and trying to find a way to take out the registry copy because we do not have any other details apart from grandfather name and address of the property so looking for guidance in terms of how can we take out property papers for that property
2)We took out the latest property tax reciept to validate that property is still in my grandfather name but want to check whether my mother's brother can still sale the property as they have possession on that property since last 70 yrs
3) What are the legal remedies available with us to stop them from doing this ?

We are from a Muslim family and please suggest next steps as per Muslim law
Asked 2 years ago in Property Law
Religion: Muslim

4 answers received in 2 hours.

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9 Answers

There is no concept of ancestral property among Muslims 

 

2) on grandfather demise  intestate your mother is one of the legal heirs as per Muslim personal law 

 

3) she should issue legal notice to her siblings to claim her share in property 

 

4) also seek certified copies of property papers 

 

5) you can also obtain certified copy of documents from sub registrar office 

 

6) if her siblings refuse to give her share mother can file suit for partition for division of property by metes and bounds 

 

7) seek injunction restraining sale of property by her siblings 

Ajay Sethi
Advocate, Mumbai
99774 Answers
8145 Consultations

Dear Client,

According to Muslim personal law, there is no concept of ancestral property. Therefore, in the event of your grandfather's demise without a will, your mother becomes one of the legal heirs entitled to a share in the property.

To claim her rightful share in the property, your mother should issue a legal notice to her siblings, informing them of her intention to claim her portion. This notice serves as an official communication to assert her rights.

Additionally, it is advisable for your mother to seek certified copies of the property papers. These documents will provide evidence of ownership and help in establishing her rightful claim.

To obtain certified copies of the property documents, your mother can approach the sub-registrar office. They will have the necessary records and can provide the requested certified copies.

If her siblings refuse to give her the share she is entitled to, your mother has the option to file a suit for partition. This legal action will seek the division of the property by metes and bounds, ensuring that each heir receives their rightful portion.

During the legal proceedings, it is crucial for your mother to seek an injunction restraining the sale of the property by her siblings. This injunction will prevent any unauthorized or forced sale of the property until the matter is resolved through the partition suit.

 

Anik Miu
Advocate, Bangalore
11013 Answers
125 Consultations

Your mother can send legal notice and seek copy of property  papers from her siblings 

 

2) if you know city where property is and address of property then from survey number you can obtain copy of registered sale  deed from sub registrar office 

 

3) you can issue public notice that it is a disputed property 

Ajay Sethi
Advocate, Mumbai
99774 Answers
8145 Consultations

It is possible to take out property papers with just the grandfather's name and the address and the property tax receipt. However, it is important to note that the process may be more difficult without the registry copy. The property tax receipt is evidence that the property is in your family's possession, but it is not a definitive proof of ownership. The registry copy is the most important document when it comes to proving ownership of a property.

You can send out a legal notice to the other brother without having the registry copy with you. However, it is important to note that the legal notice will not be as strong if you do not have the registry copy. The registry copy is the most important document when it comes to proving ownership of a property.

 

 

Anik Miu
Advocate, Bangalore
11013 Answers
125 Consultations

He can’t sell if it’s your mothers self acquired property you can take injunction order against him 

Prashant Nayak
Advocate, Mumbai
34513 Answers
249 Consultations

1. You can find out the survey number from the village revenue records if it is an agricultural or rural property.

After that you get an encumbrance certificate on the basis of the EC (this is available in the internet by browsing the website of the concerned registration  department) and from the EC you can find the document number , based on that you can apply for certified copy of the registered title deed.

2. You can come to know about the details once you obtain the encumbrance certificate.

3. You can file a suit for permanent injunction against them restraining them from alienating the property in any manner along with the law suit for partition claiming yoir mother's rightful share in the property.

Please note that this is not ancestral property and also there is no concept of ancestral property in the Muslim personal law.

The suit for partition and permanent injunction should be filed by the civil law alone and not under the Muslim personal law though the shares will divided as per Muslim personal law.

 

 

T Kalaiselvan
Advocate, Vellore
89975 Answers
2491 Consultations

From the property tax receipts you will come to  know the survey number.

From the survey number you can get the EC.

From the EC you can get the document number and the date of transactions till date.

Then you can apply for certified copy of the registration document.

 

T Kalaiselvan
Advocate, Vellore
89975 Answers
2491 Consultations

You have to file partition suit and obtain stay on sale. 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

- 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. 

Mohammed Shahzad
Advocate, Delhi
15811 Answers
242 Consultations

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