Share of married/unmarried daughters in a muslim father's agricultural property
Anjum Masood
(Querist) 07 October 2012
This query is : Resolved
Sir
I am a shia muslim. My wife has 2 sisters and 2 brothers (5 in all). Eldest sister in unmarried & lunatic and stays in in-laws house. My father in law orally willed (Hibe) his entire property including agricultural property to all heirs and instructed his sons to share agricultural property with their sisters. To this they consented. After the death of my father in law, my brother in laws (2 in number) have got transferred entire agricultural property in their name. On asking, they are saying that will was not written and registered hence it can not be executed. As per them, agricultural land can not be given to daughters.I am doubtful about their words as they have committed some illegal acts in getting land in their name and getting the balance from father in law's bank account viz.
1) They have falsely hidden the existence of 1 of my sister in law, who is unmarried and lunatic and is living with younger brother-in-law. Although her name is present in Municipality Voter List and Ration Card both.
2) They have submitted a false affidavit on behalf of my wife in bank and transferred entire amount (more that 1 lac) in younger brother-in-laws account.
I would like to know following
a) Is it true that married muslim daughters do not get any share in agricultural land in their muslim father's property? If it is false then what is the procedure to get my wife's share in agricultural property?
b) Does an unmarried lunatic daughter is entitled to inherit in her father's agricultural property? If yes, what will be the procedure to get her name entered in revenue records?
c) What is the procedure to take legal action agains my brother in laws for submitting a false affidavit in bank and taking entire amount himself and not giving any share to his sisters?
Thanking you in anticipation
Anjum Masood
ajay sethi
(Expert) 07 October 2012
daughter’s right to 1/3rd property irrespective of being movable or immovable and agricultural land is not an exception.
daughters can move court for necessary relief .
you cn also claim share in bank accounts of your father . file police complaint aginst brother in law for cheating for making false affidavit . also write to the bank pointing out fraud played by the brother in law
ajay sethi
(Expert) 07 October 2012
as per provision of Section 147 of Mohammedan Law edited by Mulla in 19th Edition the document in writing is not essential to the validity of gift (Hiba) either for movable or immovable property.
Supreme Court in the matter of Mahboob Sahab v. Syed Ismail and Ors.has held that
in order to prove the Hiba three ingredients are necessary, the proposal and declaration of it and the acceptance of the person concerned in whose favour it is performed and the delivery of the possession of the property for which the Hiba was proposed
