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srinu (business)     04 November 2012

Muslim law

sir,

My grandfather ( A ) had 3 ( B, C & D ) sons. out of this 2 sons were unmarried. we 2 brothers ( E & F ) are  the sons  of his 3rd son.  all his 3 sons  expired.  we are muslims.   my grandfather purchased  a land on his earnings.

                                                                              A ( grand father) 

            B ( son )                                                        C ( son )                                                      D ( son )

un married & died                                            un married  & died                              married & died ( 2 sons  E & F )

    Mr. C sold that land to X before 25 years.   X is enjoying the land.

Please clarify: 

(a)    Do we have any right to claim the land

(b)   What documents are required to claim

                       



Learning

 3 Replies

Anish Thakur 7018812737 (advocate)     04 November 2012

if you are sunni muslims then you are governed by hanafi law and E and F have share over the property being a son of D ,being a son of D you both are entitled as 1/3rd share over that land but as said b also dies unmarried so as per muslim law share of B will also divide in his two brothers C and D then you will get 1/2 share in that land being a son of D but it is in that case when B is died before C and if B is die after C then then share of B will went to D and if D is died also then to his sons it means in this case E and F is entitled for 2/3rd share in that property and C was in 1/3rd share so he cant sell beyond his share i.e. 1/3rd share in that land.you can claim your share and you only have to show your succession certificate , documents of that land and sale deed copy of that LAND TO X .feel free to call if you left any query.

srinu (business)     05 November 2012

sir,

thank u for the reply.

i further like to mention that, we are not in possession of any document of that land.  Please give and guide us.

 

thank u 

Anish Thakur 7018812737 (advocate)     06 November 2012

you can obtain the documenst from revenue office


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