Division of land on lease
miftahuzzeyakhan
(Querist) 25 August 2016
This query is : Resolved
Dear Sirs,
1. Mr. A, a Muslim by religion, started a Saw Mills business on a piece of land (approx. area 90 Decimals) taken on lease for 99 years in 1965 from Industry Department Government of Bihar. Mr. A is now above 90 years and has 4 sons and 2 daughters alive and one of the daughters is Mrs. B.
2. Some 2-3 years back Mr. A’s sons applied for diversification of their father’s business arguing that the Saw Mills business was no more profitable in the area due to scarcity of wood and got permission of the Industry Department and then formed an LLP (Limited Liability Partnership) of the 4 sons keeping the 2 daughters out and managed to transfer the leased land in the name of one of the brothers from their father’s name with his so called permission. They have also shifted the old saw mills Mr. A to another piece of land nearby in their physical possession.
3. Mr. A built his house on a piece of the leased land and was living with his family there since he started the business in sixties. Later on when his sons and daughters grew and married, he allowed them to build their own house on the vacant land and to shift out of his house. Mrs. B daughter of Mr. A after her marriage also built her own house in 1995 on a piece of land approximately 3 Decimals. Since then she is living in this house separately from her fathers’ family and paying regularly Electricity bills, in her name. The Municipality have also directly received taxes from her and issued tax receipt in her name for this piece of land since last 4-6 years.
4. The 4 sons of Mr. A are now claiming ownership of the whole 90 Decimals land including the land under their sister Mrs. B house and are planning to build a super market over the vacant land and the land under Mrs. B house by demolishing it.
5. When Mrs. B came to know about this conspiracy she requested her father to make a Will in her favor on Stamp paper stating that he had given her the piece of land for making her house. This Will is duly signed by two witnesses but not registered.
My questions from the experts are as below.
1. Does the Sharia Law also applies to leased property of a father for division among his sons and daughters?
2. Can the 4 sons legally claim the ownership of the whole 90 Decimals leased land including the land given to Mrs. B by her father due transfer of the lease in name of one of the brothers when the father is still alive?
3. Can Mrs. B claim legally ownership of the 3 Decimals land given to her by her father in written on stamp paper duly witnessed and Municipal tax receipts issued in her name?
4. Can Mrs. B claim balance of her share in the 90 Decimal land which comes to be 9 Decimal as per Sharia Law provided that the father Mr. A is still alive?
P. Venu
(Expert) 27 August 2016
The property could be an assignment than a lease; it depends upon the terms and condition in the deed.
miftahuzzeyakhan
(Querist) 27 August 2016
Dear Mr.P.Venu,
The property is on lease for a period of 99 years from the Industry Department to Mr. A for establishing a Saw Mill. Later when the availability of raw material became a problem. The lessee sons have got permission for doing business other than Saw Mills.Regarding terms and conditions in the lease,whether it is transferable to the heirs, I shall check and revert.
miftahuzzeyakhan
(Querist) 27 August 2016
Dear Mr. Venu,
I want to talk to you personally.The payment system is not working properly. I can transfer the fee of RS 499 on line, if required.Kindly advise.
