Ancesteral property

Querist : Anonymous (Querist) 13 September 2011 This query is : Resolved
Dear all,

My father is tow brother himself and my uncle.My grandfather inherited his property from his forefather but he sold that property to my uncle and my uncle transfred this property to his wife as denmeher.
1)Do muslim law allow my grandfather to do so.
2) Can my father get his share in that property.
3) Do you think we should go to court.
Kindly advise me.
Regards
Imteyaz

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R.Ramachandran (Expert) 13 September 2011
Your grand father has every right to dispose of his property in whichever way that he wants. However, he could not have given more than 1/3rd of his property by way of WILL.
In the instant case, he did not give away the property by WILL, but sold it. He can do so. Nobody can object to it. The fact that he inherited the property from his forefather would not in any way alter the situation.
The concept of ancestral property where every male member (now even female member) by birth gets a right in the ancestral / joint hindu family property, is not available under muslim law. Therefore, neither your father nor anybody else have any claim over the property of your grand father.
It is only when any muslim dies intestate (without leaving any WILL) then the property will be inherited. Otherwise not. You will not succeed by approaching court.