Partition of propperty
ZAFFAR AHMAD DAR
(Querist) 09 December 2012
This query is : Resolved
we have ancestors property (land)and my grandfather is alive he has sell off atleast 50% of that property and spend upon himself and his two sons (my uncles). we are living separate he has not giving a single rupee .can i stop him to sell more land as he is trying to give remaining property to my uncles which is quite injustice with us.
adv. rajeev ( rajoo )
(Expert) 09 December 2012
Whether the property is self acquired property of your GF or ancestral ?
If it is ancestral then your father has right to seek equal share in the share of his father I mean your GF.
prabhakar singh
(Expert) 09 December 2012
Among Muslims the concept of ancestral property is not applicable.Your grand father is absolute owner of what he inherited and can sale or make HIBBA of all during his life time but can not testate any Will for more than 1/3.
Raj Kumar Makkad
(Expert) 09 December 2012
Law for Shia and Sunni differs. I presume you sunni and accordingly opine that your grandfather can very well sell the entire house property or can transfer its ownership in favour of your uncles without legal hurdle.
Raj Kumar Makkad
(Expert) 09 December 2012
According to Muslim Law in India, any person, who is a major and is of sound mind, can make a will. Though under Muslim Law, a person attains majority at 15 years, but in India minority terminates at the age of 18 years, and if a guardian has been appointed by a Court for a minor, then minority will terminate at the age of 21 years.
A Muslim can bequeath any property movable or immovable, corporeal or incorporeal, which must be in existence and transferable at the time of testator’s death. Any person having capacity to hold the property can be a legatee (The person/s, in whose favour, the will is created is called ‘Legatee’). The Legatee may be a Muslim or a Non-Muslim, man or woman a major or a minor or even a child in the womb provided the child is born within 6 months of the death of the testator.
However, Shia Law differs in respect of this period and says Will can be made in respect of an unborn child even if it takes birth in the longest period of gestation i.e. ten lunar months. A Muslim wife can never be disinherited. However, if she is one of multiple wives, she is required to share her inheritance in equal portions.
M V Gupta
(Expert) 15 December 2012
Under Islamic law (both shia and sunni) a Muslim can dispose only 1/3 of his property by will. The balance 2/3 will devolve on the sharers as per Islamic law of inheritance. But even this 2/3 property also can be bequeathed by will with the consent of all the sharers. But this rule does not apply if the person wants to dispose off his entire property during his life time totally depriving his heirs.
Raj Kumar Makkad
(Expert) 15 December 2012
I do endorse the additional facts narrated by Gupta g.
