Daughters right in father's property
Hasim Shaikh
(Querist) 13 March 2013
This query is : Resolved
Hello,
This is Hasim Shaikh. My Maternal Grandfather has 3 wives, 5 Sons & 7 Daughters. All the sons & daughters are married. My Maternal Grandfather has passed away long back & power of attorney is in the name of one of my Uncle (Mom's Brother). Property is self acquired by my Maternal Grandfather. Since there was some dispute with adjoining church, my uncle has spent some money for case & lawyer.
Now there is deal going on to sell this property as uncles have won the case. They have already taken token amount without even informing all the sisters. I would like to know what are the rights of my mom & aunts (Mom's sisters) in the property. There is no will as from my Maternal Grandfather. What are the legal action we can seek in case they don't provide fair share from the deal?
Brgds/- Hasim Shaikh
Raj Kumar Makkad
(Expert) 13 March 2013
POA has no relevance after death of either of the parties.
In the given case, wives jointly are owners to the extent of 1/8 share, rest is to be distributed double share to sons then the daughters so your grandma and aunts have full right accordingly and they can file a civil suit restraining your maternal uncle to sale the entire property.
Hasim Shaikh
(Querist) 13 March 2013
Thanks Raj sir,
This is what I found from other sources of Sharia Law as well. Now I just want to know can we take stay on the sale transaction? What sections will apply for filing a civil suit?
Thanks again.
Rgds/-
Hasim Shaikh
Raj Kumar Makkad
(Expert) 13 March 2013
You can very well obtain the stay order under Order 39 Rule 1 & 2 read with section 151 of Civil Procedure code from local civil court.
Raj Kumar Makkad
(Expert) 13 March 2013
I also pay thanks for your appreciation.
