LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

MIK   18 February 2024

Virasat for daughter (for muslim)

I am seeking for quick guidance from the xperts on what are the corrective steps to be taken in case where a daughter, who gets married, has 2 children and dies after 10+ years of marriage in an accident. Her parents are also died naturally before her death.

The ancestral properties were transferred to the 4 sons and there was no name of her(daughter) mentioned in Virasat at the time of transfer as she was married considered. 

But after 2-3 years of her death, her name is injected FARZI** (got mentioned) by someone (husband/unknown) in the Virasat (Khasra-Khataouni).

Could you please guide me on how to get the name out again if possible and what is the correct procedure to follow. Also, guide on what the law defines and what action can be taken against the officer who is found doing such malpractices at most trusted and responsible position.

**FARZI: No person from the family of her(daughter) has approached the Patwari or any of its Land Offices to register her name. 



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     18 February 2024

As per law, the deceased daughter is also entitled to a rightful share in the ancestral property at par with her male siblings.

The male siblings cannot knock out her share in the property just because she has died.

Her own legal heirs namely her husband and children can claim her rights for her share  in her ancestral properties. 

Therefore it is not who has done this mistake, in fact the inclusion of her name in the legal heir ship certificate is very much legally valid act.

It cannot be disputed. 

MIK   18 February 2024

Ok۔ But, it was told to the sons initially by the advocate that inclusion of daughters' names are not possible as they are married.

T. Kalaiselvan, Advocate (Advocate)     18 February 2024

As per Muslim personal law, the daughters whether married or unmarried, are entitled to half share to the full share of their male siblings in their deceased father's properties.

There is no concept called ancestral properties in Muslim religion. 

My earlier post of this thread mentioning about equal share in the ancestral properties to the daughters may be deleted, it was wiritten considering it as property coming under Hindu law. 

Dr. J C Vashista (Advocate )     19 February 2024

1)  if the properties are in father's name registered then without consent of all legal heirs they can not transfer Or sell. 

2) if you know plot number or door number, survey number then you can obtain online Encumbrance certificate. 

3)As per Shariah law if father died property will be divide among as per Shariah rules,The male takes a share equal to that of two females. 

4) Allaah commands you as regards your children’s (inheritance): to the male, a portion equal to that of two females”

[al-Nisaa’ 4:11]

5)  you can obtain fatwa from your jurisdiction mufti ulema for partition of said property of your deceased father. 

6)  try to settle dispute amicably through Mufti or any Mediator who know about Shariah law. 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register