Release and sale deed under muslim law
Manoj
(Querist) 06 December 2011
This query is : Resolved
under Muslim Law. 'A' Muslim father having ancestral property dies. Now name of 'X', Y the two sons and 'Z',the daughter is recorded in revenue records as co-owners. Now daughter 'Z' dies and the names of her two minor sons 'E' and 'F' were recorded in the revenue records as co-owners. But in 2004 the husband of 'Z' and father and natural guardian of 'E' and 'F' relinquished the right title and interest of two minor sons, it was recorded in the revenue records vide mutation entry but was not a registered release. thereafter, sale was executed by the remaining co-owners in favour of the vendor.
1) Can a daughter have right in ancestral property of father under muslim law. is this valid under muslim law.
2) Is the release deed valid and sale deed executed thereafter is valid.
3)What if this was a self acquired property of a father.
Raj Kumar Makkad
(Expert) 06 December 2011
Visit the following link for detailed information on the required subject:
http://mynation.net/docs/property-rights/
Manoj
(Querist) 07 December 2011
Thank You Sir
Anirudh
(Expert) 07 December 2011
I am sorry.
Mr. Makkad could have very well remained silent without answering the query or should have answered appropriately.
By providing the link as answer to the query, he has not done any justice to the query at all!
In the entire link, except the following two 3 sentences, nothing relates to a Muslim.
"However, the Muslim personal law places a restriction on the extent of property that can be given away by will. It says that only 1/3rd of a man”s property can be distributed by will; 2/3rd will devolve on Koranic heirs, which include children and parents in varying shares. Female heirs inherit half that of male heirs."
In my humble opinion, the above line certainly does not solve the query posed by Mr. Manoj.
One expects quality answer from such experts.
