• Muslim undivided ancestral agricultural land

We have our ancestral agricultural land which was transfered to my father and his 5 brothers.
The property is still undivided. There is a legal case on the said property between one of the uncles and children of other uncle for the share( uncle no 6 has legally taken share of uncle no 3 by gift deed , now children of uncle no 3 want their share and have fled case). During this everyone (including uncle no 6) has agreed and wants to get the property divided by mutual understanding.
As per Muslim law is it possible to get the division or sale any particular share to outsider or make agri land N.A or NA layout  given that there is legal dispute going on? can we keep the disputed share aside and apply for NA . would any consent or NOC from the both parties in the case for division or partition be helpful?
Asked 10 months ago in Property Law from Karad, Maharashtra
Religion: Muslim
1) there is no concept of ancestral property among Muslims 

2) once gift deed is executed duly stamped and registered uncle 6 would be absolute owner of share given by Uncle 3 

3) in respect of case filed any stay granted by courts please clarify 

4) i t is better that consent terms be filed in existing case 

5) under section 44 of transfer of property act any co owner is at liberty to sell his share 
Ajay Sethi
Advocate, Mumbai
23103 Answers
1212 Consultations
5.0 on 5.0
 if all parties are not interested in settlement file suit for partition for division of property by metes and bounds 
Ajay Sethi
Advocate, Mumbai
23103 Answers
1212 Consultations
5.0 on 5.0
1. If all the heirs are into a positive agreement to amicably divide the property then a partition deed may be drawn up and a consent decree passed on the basis of it. The status of any alienation to be made would be subject to the final judgment of the civil court. 

2. You will be required to obtain the permission of district collector for conversion of land which can be converted unless there is am injunction issued against it. The NOC from all heirs will be required for conversion. 
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
We have our ancestral agricultural land which was transfered to my father and his 5 brothers.
The property is still undivided. There is a legal case on the said property between one of the uncles and children of other uncle for the share( uncle no 6 has legally taken share of uncle no 3 by gift deed , now children of uncle no 3 want their share and have fled case). During this everyone (including uncle no 6) has agreed and wants to get the property divided by mutual understanding.
As per Muslim law is it possible to get the division or sale any particular share to outsider or make agri land N.A or NA layout  given that there is legal dispute going on? can we keep the disputed share aside and apply for NA . would any consent or NOC from the both parties in the case for division or partition be helpful?
There is n o such thing called ancestral property in the Muslim religion.  
The distribution of property as per Muslim personal law is different to that of Hindu law or Christian law. 
You have asked about partition and also gift deed etc including the  NA conversion of agricultural property. 
If anyone is having valid title he or she can transfer the property by gift or Hiba.  However if the donor has no valid or marketable title then the hiba or gift deed is invalid and not binding on other share holders. 
As far as NA is concerned, all the share holders have to apply jointly or can give NOC for applying for such conversion. 
T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
5.0 on 5.0
What is the best possible and easiest way to get the property divided as the parties involved in the legal case do not want to withdraw or settle or compromise on case

If the parties to sit are not willing for any compromise or an amicable settlement, one has to wait for the suit disposal by court after hearing both the sides. 
T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
13910 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23103 Answers
1212 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12042 Answers
227 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5146 Answers
54 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
424 Answers
15 Consultations
4.7 on 5.0
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2718 Answers
41 Consultations
4.9 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0