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Kunal B (Partner)     05 July 2012

Muslim personal law

Hi,

This is with ref. to an agricultural land (near Bangalore) which we had purchased from a Sunni Muslim family. We had purchased it in year 2002 from 3 brothers of the family. Please note that they also had a sister who was married & used to stay with them during the time of purchase. They had inherited this property from their father. Being a joint family all of them (incuding the sister's family) stay in the same house which is very close to the property. In year 2005 their sister paassed away due to old age. In year 2008 the sister's sons & daughters have filed a case against their 3 uncles & us claiming their right on the property. Please advise us on the same.

Thanks.



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 7 Replies

Anish Thakur 7018812737 (advocate)     05 July 2012

dear kunal,

be relaxed the suit against you and three sellers are not maintanable as sunni muslims are governed by Hanafi law and there is no provision of inheritance of ancessotral property to daughters in hanafi law the exception is only when if there is no son.

i am surprised you mentioned here that the suit is filed in 2008, what is your lawyer is doing

feel free to call on 9459321520 between 1-5pm.

Anish Thakur 7018812737 (advocate)     05 July 2012

dear kunal,

be relaxed the suit against you and three sellers are not maintanable as sunni muslims are governed by Hanafi law and there is no provision of inheritance of ancessotral property to daughters in hanafi law the exception is only when if there is no son.

i am surprised you mentioned here that the suit is filed in 2008, what is your lawyer is doing

feel free to call on 9459321520 between 1-5pm.

1 Like

Anish Thakur 7018812737 (advocate)     05 July 2012

dear kunal,

be relaxed the suit against you and three sellers are not maintanable as sunni muslims are governed by Hanafi law and there is no provision of inheritance of ancessotral property to daughters in hanafi law the exception is only when if there is no son.

i am surprised you mentioned here that the suit is filed in 2008, what is your lawyer is doing

feel free to call on 9459321520 between 1-5pm.


(Guest)

Anish is absolutely right.

1 Like

Kunal B (Partner)     06 July 2012

Hi,

Thanks for the reply. Is it possible to get some citations which we can present in the court?

Rgds,

Kunal


(Guest)

Yes, there are judgments to that effect on the above issue.

2 Like

Kunal B (Partner)     07 July 2012

Can you please give me the ref. for the same.

Thanks


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