Muslim girl's right in ancestral property
nazneen
(Querist) 27 April 2014
This query is : Resolved
let us first introduce you about our background to enable the learned counsels to advice us as to the legal options open to us.
we are Sunni Muslims belonging to the state of Andhr apradesh. We are a family of three sisters and two brothers, all are married. My father inherited all the properties from my grand father and want to gift all the properties to sons to the exclusion of daughters without any share in the property. Our contention is that he did not spent anything for our marriages and we had no agreement to relinquish our right in the property.
Please advice the applicable laws we can file a suit under..
Thank you..
M.Sheik Mohammed Ali
(Expert) 27 April 2014
As per the Muslim Law, no rights to legal heirs their either ancestral or self earned property, once property has come into any male or female, that property consider to self earned property,if father not write any will or settlement, can claim the legal heirs.
nazneen
(Querist) 27 April 2014
Mr Sheikh, your reply to our query is unclear. we want to know if there is a law that prohibits the unfair settlement of the property among sons. Plz uncheck the query resolved button for other experts to respond..
Anirudh
(Expert) 27 April 2014
Dear Nazneen,
Under Muslim Law, there is no concept of 'ancestral property'.
Your father, having got the property from his father (i.e. your grandfather) he is the absolute owner of the same. During the life time of your father, nobody else (including his wife, son(s) and daughter(s)) have any right over the same.
During the life time, your father can give the property to anybody that he likes. As such, if he wishes to give the property in gift to three of his sons, he is free to do so and nobody can object to the same.
In view of the above, if your father wants to gift the property in favour of your three brothers, and nothing to you sisters, he can do so. You will have no legal right to object to the same. Even if you approach any court of law, you will not be able to succeed, as the law is not on your side.
T. Kalaiselvan, Advocate
(Expert) 30 April 2014
I agree with the opinion expressed by expert Mr. Anirudh to the author's query on the basis of provisions of Muslim Personal law and Hanafi law of inheritance. Hope this makes the author clear about her position, in regard to the subject issue.
Hemant Agarwal
(Expert) 05 August 2014
A PROBABLE POSSIBILITY, worth Introspection:
1. The original property belongs to Grand-Father. The property is not self-acquired property of Father.
2. IF the sisters are able to prove that the Grand-Father wanted his property to be equally divided between all the childrens of his Son (Father), THEN the rights of sisters remain intact.
3. The proving could be in the form of a declaration /wish by the Grand-Father, in front of two indepenent witnesses, who would testify the Grand-Fathers declaration /wish, in a Court of Law.
4. It would be worth investigating the basis on which the Grand-Fathers property was transferred to the Father.
Keep Smiling .... Hemant Agarwal
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