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Sami Shaikh   31 October 2023

Ancestral property

My grandfather had 5 daughters and 3 sons

He did not made any will 

Current status is grandmother and grandfather expired.

4 daughters expired 

Just 1 daughter and 3 sons are alive 

How do we initiate the transfer of property 

Expectation is to transfer the property to 3 sons name 



Learning

 6 Replies

ssr767 Athota   31 October 2023

all will be equally eligible with equal shares  

Advocate Bhartesh goyal (advocate)     31 October 2023

Your grandfather's  all sons and daughters are entitled to get equal share in his property. 

Real Soul.... (LEGAL)     31 October 2023

Your grandfather's property will be distributed in daughters and sons as ; Sons will get one share each while daughters will get half of  what sons get. That is under Muslim Perosnal law.

Sons, get one share, daughters get half of waht sons get and wife gets half of what daughetrs get that is ; 1: 1/2 :  1/4

T. Kalaiselvan, Advocate (Advocate)     31 October 2023

There's no concept called ancestral property in Muslim personal law. 

The sons will be entitled to double the share ofs daughters. 

The surviving daughter and legal heirs of deceased daughters are entitled to their respective share in the property of their deceased father.

Hence the daughters share cannot be denied. 

 

Dr. J C Vashista (Advocate )     01 November 2023

Muslim Succession Act apply to the instant case, wherein sons and daughters have a right in the intestate property in the ratio of 2:1.

Show all relevant property documents to a local prudent lawyer for better appreciation of facts and professional advise.

P. Venu (Advocate)     01 November 2023

Apparently, the querist is governed by Muslim Personal Law. Islamic Inheritance Law has many unique tenets. As such the information furnished are incomplete. Please provide the following information,

- Dates of demise of the grand parents;

- Particulars of the siblings of the grandparents;

- Date of demise of the deceased daughters;

- particulars of all the grandchildren.

As already stated, there is concept of ancestral property under Islamic Law; in fact, it is unique to Hindu Personal Law.


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