muslim law and inheritance of agricultural land by women
adv fauzia azim
(Querist) 13 January 2009
This query is : Resolved
HELLO FRIENDS,
PLEASE LET ME KNOW IF MUSLIM WOMEN CAN INHERIT AGRICULTURAL LAND WHICH BELONGS TO HER PARENTS.ALSO IF YES THEN IS IT NECESSARY TO APPLY FOR A SUCCESSION CERTIFICATE.IS THERE ANY LIMITATION PERIOD?.
THANKS IN ADVANCE
AEJAZ AHMED
(Expert) 15 January 2009
Dear Fouzia,
Exactly, a "Muslim Women" can "Inherit" All the Properties left by her "Late Parents".
In earlier Days, the Concerned Authorities on Application along with (a) Lega Heir Certificates (b) Death Certificate of Parent, used to effect mutation on the name of the Applicant.
But, now, the Concerned Authority/Mandal Office/Muncipal are neither issuing the "Legal Heir Certificate" nor on the Application "mutating" the Property on the name of the applicant. But, issuing a Memo with demand to submit the "Succession Certificate" issued by the competent court of Law.
There is no "Limitation" period for obtaining the Succession Certificate, and for mutation proceeding to mutate the property on your name.
so, you first submit one formal application before the concerned Authority with the demand to mutate the property left by your parent on your name.
Then they will issue, one "Memo" with demand to submit a "Sucession Certificate" issued by the "Court Of Law".
Therefore, on the basis of the said "Memo", "Death Certificate of Your Parent", You can file a Petition in the Competent Court of Law, under whose Jurisdiction you are residing as well Property is situted, with the prayer to issue the "Succession Certifucate". But, through you Counsel/Lawyer.
Then, finally after getting the "Sucession Certifucate", you can submit the same before the Concerned Authority with the demand to mutate the Property of your "Late Parent" left bt them, on your name.
Upto this answer to your querry is completed.
But now my doubts:
(1) what do you mean by "Her Parents" ?
(2) What do you mean by "Muslim Women" ?
If, as per you, Muslim Women means, the
"ONLY DAUGHTER" of her "Parents", and both, "Mother & Father " expired leaving behind only her as their "Legal Heir", then she can proceed as per above what I have stated.
Secondly:
(a) If, one of the "Parent" i.e. her Mother Alive;
(b) If, she is having Brothers OR Sisters;
Then, the situation varies to proceed for mutation.
There will be Two option, for her to "Inherit" the Property:
(a) Either she can Proceed as per above, but to obtain the "Sucession Certificate", she have to include the "NAMES" of all the "Family Member".
(b) Or, she can File a "SUIT FOR PARTITION" against the Legal Heirs/Family Memer, and after getting "DECREE" from the court, can proceed as per above for mutation as per the "Shares" alloted by the Court of Law.
adv fauzia azim
(Querist) 15 January 2009
DEAR MR AEJAZ AHMED,THANKS ALOT FOR ANSWERING MY QUERY.YOU WERE VRY HELPFUL.
