Ancestral property isuue

PRINCE KHAN (Querist) 09 February 2021 This query is : Resolved
I belong to a minority community, and my father left us after murdering my mother, 15 years back. He was sentenced life imprisonment of 14yrs,but now he is free and got married. we are 2 brothers and 2 sisters, I am the elder one, but They both ( my father and second mother) don't care about us, even we are living separately from back 15 yrs. My Grandfather was the Sarpanch of my Village, but he is no more. My grandfather has 4 son's, including my father,and the property has not been divided between them.
I want to know that can I claim my Grandfather's property or what's the process of doing so?

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This discussion addresses a query about claiming ancestral property under Muslim law. Unlike some other legal systems, Muslim law does not distinguish between ancestral and self-acquired property; all property is inherited upon death. Grandchildren cannot directly claim a share of their grandfather's property while their father (the grandfather's son) is still alive. Their right to claim arises only after their father's death, inheriting from him.

P. Venu (Expert) 10 February 2021
There is no concept of ancestral or joint property under the Muhammadan Law. The property had been personal to the grandfather. On his death, it has opened up for inheritance. The grandchildren are excluded from inheritance during the lifetime of the father.

Advocate Bhartesh goyal (Expert) 10 February 2021
You can't legally claim any share in the property belonged to your grandfather although he is dead however your father and his siblings are entitled to get share in property as per muslim law.

SHIRISH PAWAR, 7738990900 (Expert) 10 February 2021
Hello,

You will have the right to claim the property only after the death of your father. Now your grandfather's property is inherited by your father and you cannot directly claim your grandfather's property.

kavksatyanarayana (Expert) 10 February 2021
The grandsons or granddaughters have no right to inherit or claim any share in the property of the grandfather or grandmother if their own father or mother is alive.

Dr J C Vashista (Expert) 11 February 2021
Well analysed, opined and advised by experts, I endorse and appreciate.
Unlike Hindu law, there is no provision of distinction between individual i.e. self acquired or ancestral property. Each and every property that remains within the ownership of an individual can be inherited by his successors. Whenever a Muslim dies, all his property whether acquired by him during his lifetime or inherited from his ancestors can be inherited by his legal heirs. Subsequently, on the death of every such legal heir, his inherited property plus the property acquired by him during his lifetime shall be transferred to his heirs.

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