Regarding ancestral property

Shainaz vahid sayyed (Querist) 08 October 2017 This query is : Resolved
Hi.....i have a query.there is a property withhold by my late greatgrandfather-in-law but he had no 'will' that the same will be used/transferred to the future generation.Now as i want to rebuild the same property .The property tax was till now paid by my grandfather-in-law who died in 1950.My question is that is the property transferred to his wife without any hiership certificate and succession certificate.

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Shainaz vahid sayyed (Querist) 08 October 2017
Please can you answer me bcoz there are too many complications

Vijay Raj Mahajan (Expert) 08 October 2017
There is no common civil law in India just because of resistance by Muslims and Christians living in India and therefore confusion and complications faced by all people like you.
You being Muslims most probably will covered by Muslim Shariat Law applicable as personal law for Indian Muslims.
Inheritance law for Muslims include share for heirs of the deceased including the widow and children etc. Who all were heirs of the deceased father in law and how much share each get has to be checked, its not that the widow exclusively becomes the automatic owner of the property.

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J K Agrawal (Expert) 08 October 2017
it depends on so many questions. it requires a complete pedigree to understand actual share of each.

Guest (Expert) 09 October 2017
Ms. Shainaz Vahid Sayyad,

When you believe there are too many complications, what made you believe that those too many complications would be removed with the replies of the experts on your casual query, more so, when you have not even discussed, in whose name the property was registered?

Mere the event of payment of property tax, cannot be the guarantee that your grandfather-in-law would have been the real owner of property and exactly what happened after the death of your greatgrandfather-in-law and further during the last 67 years after the death of your grandfather-in-law.

Better discuss the problem in detail after showing the property related documents with some property laws expert, who should also be aware of the Sharia laws.

Rajendra K Goyal (Expert) 09 October 2017
Show all related documents to local lawyer and discuss in detail as applicable to your personal law.

P. Venu (Expert) 09 October 2017
There is no concept of ancestral property in Muslim Law. How was the property transferred to the wife of the deceased. It appears that you do not have the complete knowledge of the facts.

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