Muslim family - mother's name wrongly recorded in other rights column
Shaikh
(Querist) 28 July 2012
This query is : Resolved
I belong to Muslim Family - My mother's name was wrongly recorded in other right column instead of Main Owner column
1) Grand Grand Father had 2 sons purchased agricultural land. (Can it be called as ancestral property)
2) After death of Grand Grand Father, 2 sons became owner. Mutually shared equally without partition. (can it be called as division)
3) One of the son is my grand father (mother's father).
4) After the death of my grand father, my Uncle's and mother's name was recorded as Waras, successor, Owner, Legal heir in Mutation Entry.
But in 7/12 extract mother's name is recorded in other right column and uncle's name is recorded in Main Owner column.
(Her name should have appeared in the same column where my uncle's name is.
Is son and daughter treated differently in Muslims).
When I asked for Mutation RTS, from Tehsil Office, they said the file is missing from Record Room. How can I bring my mother's name in Main Owner column.)
5) After my mother's death my Uncle objected to enter my name in 7/12. He filed case, in Tehsil Court. After showing proofs and hearing both parties my name was also entered in other right column. How to bring my name in Main Owner column.
6) How should I go for the same, who is the authority to do so. Kindly advise.
M V Gupta
(Expert) 29 July 2012
As per Islamic law of succession ur mother is a primary sharer for ur Maternal GF properties and as such her name should appear along with ur uncles names as owner. You may therefore immediately file an appeal under Section 247 of the Maharashtra land revenue Code against the order passed by the Tehasildar.(I presume that u are from Maharashtra). Pl engage an advocate and file appeal immediately. Ur Advocate may refer to the Bombay HC judgement dt.17-12-2002 in Sambappa Vs State of Maharashtra.
prabhakar singh
(Expert) 29 July 2012
1)In Islamic law of succession the concept of ancestral property is not recognized.
2)Was grand grand father was survived by only two sons and none else?
Sharing equally but using jointly is not partition but sharing equally and using separately is partition(division)but the same has to be established by evidence if record of rights were not changed accordingly and khata remained joint.
3) okay!
4) okay!
But in 7/12 extract mother's name is recorded in other right column and uncle's name is recorded in Main Owner column.
ANS:
BUT THIS IS WRONG.
Is son and daughter treated differently in Muslims).
ANS:NO!YOUR MOTHER IS SHARER AS SUCH OWNER OF HER PRESCRIBED SHARE.
FOR Q5&6 A RIGHT GUIDANCE HAS ALREADY BEEN ADVANCED BY MR.GUPTE.
Shaikh
(Querist) 31 July 2012
Dear Sirs
I sincerely Thank you for the reply. I thank the forum since it helps so many people with the experts advice for their legal problems.
I have also posted one more query. Kindly advice.
Shaikh
(Querist) 31 July 2012
I belong to Sunni Muslim Family - My mother's name was wrongly recorded in other right column instead of Main Owner column
After objection from my Uncle our name was recorded in ME & 7x12. Our name came as WARAS/SUCCESSOR.
1) After my mother's death My uncle sold the plot to vendor. Vendor was aware of the name of my late mother in other right column. Still the vendor without our consent, got the Sale deed registered in the sub-registrar office. ( Is the registered documents without our consent treated legal. Can we challenge the document ? How to go for that)
2) After our names came to the 7x12, Now the vendor has challenged our Mutation before SDO.
Saying uncle and we jointly cheated him.
The case is admitted and ready for decision.
(Can a outsider vendor, not a family member challenge the Mutation of WARAS/SUCCESSOR. What should we do before SDO)
3) Can we apply to SDO for transferring our name from other right to main owner column, by showing all the evidence to SDO in the above/same case. ( What should we do)
M V Gupta
(Expert) 01 August 2012
Legally your uncle could not sell your mother's share. Whatever sale deed he had executed will be valid only so far as his share is concerned and will no bind ur mother's share. you may have to file a suit to set aside the sale deed so far ur mother's share is concerned with an alternate prayer that you should be paid the market rate of your mother's share and obtain confirmation of the transfer. So far as the suit filed by the purchaser(not vendor, as mentioned in ur query) you should contest on the ground that u were not notified of the sale and that there is negligence on the part of the purchaser as he had ignored the entry in the 7/12 extract about the mention of your mother's name in it. hence u may make a counter allegation of collusion between ur uncle and the purchaser with a view to deprive ur mother of her rights.
