Suit for partition
shuaib zakaria
(Querist) 31 March 2013
This query is : Resolved
grand fathers ancestral property 1936
six families staying and occupying jointly in undivided share
i want to go for suit for partition and seperate possesion by metes and bounds
what is the normal procedure muslim law
is there any limitation or is it time barred since my father died in 1975 and i am claiming my share now how does law act kindly help and explain
prabhakar singh
(Expert) 31 March 2013
There is no concept of ancestral property in Muslim law.
There can be joint owning.
Suit for partition lies when joint owner having right to ask for partition is denied by other joint owners.cause of action for partition suit arises from this point of time,hence limitation does not come as bar in your way.
Ascertain the quaraniq sharers on death of your grand father tracing down shares up to
you to establish your right and plead that a request to partition your share was made
which was turned down by defendants hence the suit.
Draw out genealogy originating from your grand father showing all down lines till date and discuss with a Muslim succession law knowing lawyer to ascertain how much is your share and how much is of others and claim accordingly.
Raj Kumar Makkad
(Expert) 01 April 2013
You have every right to get partition as desired but the partition of the properties in Muslims is not as per Hindu Law in India. There is no concept of ancestral property in Muslims. The partition of property hold by your grandfather shall be first divided as per Muslim Law and then the share of the property came to your father shall have to be divided. Engage a local lawyer and file a civil suit thereto. It shall be better to take other family members in your confidence as this is a very big excercise.
