Property in mother's name
Querist :
Anonymous
(Querist) 12 February 2022
This query is : Resolved
We are six sisters and all are married. We are muslims .Our parents are dead.There is an ancestral property gifted to my mother by my grandfather ( haven't seen the property papers myself, however my mother used to tell me this ). There is no Will.
2 of my sisters live with their family in the property and a part of the property is locked up by my third sister.
The property tax for the property has not been paid for many years now and none of the sisters are taking care of the maintenance of the property nor paying any rent.
Please can someone guide me on the below
1. Do all sisters have equal rights on the property
2. Can anyone stake a claim to the property by just paying the outstanding property tax
3 If any of the sister try to unknowingly usurp the property can they do it and what rights have the other sisters in such a situation, can they seek legal recourse
Even if the property is not gifted by my grandfather, and if my father had purchased the property in my mother's name do any of the sisters usurp the property
kavksatyanarayana
(Expert) 12 February 2022
For Muslims, there is no question of ancestral or self acquired property. Now you and your siblings have equal rights over the property. File a suit in a court of law by consulting a local lawyer.
Dr J C Vashista
(Expert) 13 February 2022
You have mixed up various facts and stated, inter alia,
"........ there is an ancestral property gifted to my mother by my grandfather ( haven't seen the property papers myself, however my mother used to tell me this ). There is no Will......." In this case the donor is your maternal or paternal grand-father i.e., your nana or dada ji ?
Further you have mentioned, inter alia, that, "......2 of my sisters live with their family in the property and a part of the property is locked up by my third sister....." why does other siblings allowed them ?
Can anyone stake a claim to the property by just paying the outstanding property tax. Payment of property tax has no relevance to transfer of property in succession in any religion (personal laws governing the subject matter).
Do all sisters have equal rights on the property.
Yes, all have equal share.
Advocate Bhartesh goyal
(Expert) 13 February 2022
Yes,you and your sisters have equal rights and share over property, you have to file partition suit before civil court to get your share.
J K Agrawal
(Expert) 13 February 2022
Well advised by Mr Bhartesh sir. further to add that if you do not file a civil suit or claim property for long time you may loose your rights. So please take a legal action and partition suit is best option.
P. Venu
(Expert) 13 February 2022
Yes, you may file a suit for partition.
krishna mohan
(Expert) 14 February 2022
All siblings have equal rights. Hence approach a lawyer in your region with available documents for right advise. Any action you want to take can be through consensus by approaching one lawyer and competent court for orders. You can also approach the revenue dept. for legal heir certificate if not obtained as that will map all legal heirs.
