Succession according to muslim law of inheritence
md. jaffer abdul qadeer
(Querist) 19 May 2012
This query is : Resolved
1.what is MATRUKA PROPERTY?
2.what is the meaning of U/S5 of A.P.(Rights in land) and pattadar passbook act 1971 and when it is applied?
3.Can matruka be applied in my case cited below?
Dear Sir,
My mother was the owner of land admeasuring 54 acres.she had died on 5th june 2011. she is survived by 6 sons and 1 daughter.
During her lifetime she gifted 20 acres and 68 guntas in favour of her 3 sons and 1 daughter.
After gifted 20.68 acres out of 54 acres, now the land remains 33.32 acres .This said land is UNDIVIDED among successors of deceased mother.
Accordingly, i had applied for succession of land extent 5.32 acres in my favour in Tahsildar Office from remaining 33.32 acres.
In meantime, abruptly my 2 brothers submitted HIBA/GIFT DEED in the Tahsildar office for succession of 6.36 acres and 5.38 respectively, claiming that the mother gifted them the land during her life time.
My claim is that , if mother gifted them land during her lifetime then why they have waited 3-4 years to submit their hiba documents in Mandal office...ie,they have submitted lately after the death of mother.
Now my questions are :-
1. will MRO accept those hiba documents after my mothers death and after lapse of 3-4 years?
2.Am i right to claim the remaining 33.32 acres of land as MATRUKA property ?
( I believe that the land given to my brothers, as they are claiming,automatically RETURNS back to my mothers possession immediately after her death.)
3. What is the value of hiba document in the eyes of law which are not used during my mothers lifetime for succession in mandal office?
Hence, please inform me regarding the strength of my claim on matruka property, and also the status of my brothers claim.
NOTE:-Please quote ruling and verdicts of court regarding matruka property as seen in my case or can be applied to my case to support my claim.
Please advise me how to prove remaining 33.32 acres as matruka in MRO office.
Please suggest the ways and means to support my matruka claim.
Please advise the materials required to attach to my petition in mandal office to prove 33.32 acres as matruka property .
(waiting for your reply) Thanking you
SAINATH DEVALLA
(Expert) 19 May 2012
Dear Jaffar,
HIBA document is valid in the eyes of law only if it is notarised.
S5 of A.P.(Rights in land)
With a view to provide Record of Rights (ROR) in the lands held by the Ryots, and also to give title deeds, the R.O.R. work is taken up in the State as per R.O.R. Act 1971, as amended in 1980, 89 and 1993. Rules were issued thereon and executive instructions were also issued by the Government, and Commissioner of Survey, Settlements and Land Records. As per the provisions contained in sec.3(1) of the Act, the Record of Rights (ROR) shall be prepared and brought uptodate. All disputed cases shall be referred by the Recording Authority to Mandal Revenue Officer (MRO) for disposal (Rule 9(1) (a) 1(b).
SAINATH DEVALLA
(Expert) 19 May 2012
You can claim your share of the matruka property only if the HIBA(GIFT) is not notarised or registered.
md. jaffer abdul qadeer
(Querist) 21 May 2012
Dear Sir,
Thanks for reply.
But I once again want to draw your attention to my original questions because your answers did not dispell my doubts and allay me fear.
Sir, you said Hiba document is valid lawful and legal in the eyes of law ONLY if it is notarised.
Here I would like to tell you that any appellant who had submitted HIBA document in mandal office will never forget to get all relevant hiba papers notarised because notary is easily available and did not have any legal questionings and obstructions.
Hence my questions was
1.What is the value of notarised hiba document in the eyes of law which are not used during my mother life time for succession in mandal and will MRO accept those notarised hiba document after my mothers death and after the lapse of 3-4 years, because I believe that the land given to my brothers RETURNS back or RESTORED to my mothers possession(i.e,to the rightful owner) immediately after her death.
2.How to prove the remaining land 33.32 acres as MATRUKA and to pretext hiba implementation ,thereby refuting the claim.
I will be obliged if you answer my query in detail.
Thanking you.
md. jaffer abdul qadeer
(Querist) 21 May 2012
Dear Sir,
Thanks for reply.
But I once again want to draw your attention to my original questions because your answers did not dispell my doubts and allay me fear.
Sir, you said Hiba document is valid lawful and legal in the eyes of law ONLY if it is notarised.
Here I would like to tell you that any appellant who had submitted HIBA document in mandal office will never forget to get all relevant hiba papers notarised because notary is easily available and did not have any legal questionings and obstructions.
Hence my questions was
1.What is the value of notarised hiba document in the eyes of law which are not used during my mother life time for succession in mandal and will MRO accept those notarised hiba document after my mothers death and after the lapse of 3-4 years, because I believe that the land given to my brothers RETURNS back or RESTORED to my mothers possession(i.e,to the rightful owner) immediately after her death.
2.How to prove the remaining land 33.32 acres as MATRUKA and to pretext hiba implementation ,thereby refuting the claim.
I will be obliged if you answer my query in detail.
Thanking you.
