Property case

raahat (Querist) 09 September 2013 This query is : Resolved
Dear Experts

Please help me :

F (Muslim Father) have to wives A And B. A has 2 A1, A2 Sons both are major and B has 2 sons B1, B2 both are minor. A property was purchased in the name of A1 A2 and B1 B2. A1 A2 make the payment of their own but B1 B2 being minor made the payment by their mother as guardian. After some years of property purchasing third child born to B as B3. Now B1, B2, B3 are married. B3 got legaly seprated from her wife. The wife of B3 have 1 major and 2 minor sons from the B3. Now the question is as under :

1. Is the above said property be considered as ancestral property ?

2. The major son of B3 who is living with her mother seprately from his father claiming his share in the property is valid ?

3. Is there any share of B3 made in the said property ?

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Raj Kumar Makkad (Expert) 09 September 2013
1. There is no concept of ancestral property in Muslim law so next question ends.

2. Yes.

3. Yes.

prabhakar singh (Expert) 09 September 2013
repeated query!

Rajendra K Goyal (Expert) 09 September 2013
Repeated query:

http://www.lawyersclubindia.com/experts/Property-dispute-391731.asp#.Ui2UST-Lq_I

http://www.lawyersclubindia.com/experts/Share-in-property-392176.asp#.Ui2UiT-Lq_I

raahat (Querist) 10 September 2013
Makkad sir,

When property was not purchased by B3 how he can get the share in the said property and same his elder son. Kindly go thru the quary once again gives ur suggestion. and

Prabhker sir your suggestion is not matching with Makkad Sir reply, what is your opinion now

raahat (Querist) 10 September 2013
This is PRABHAKER Sir suggestion on my same quary, MAKKAD sir your suggestion is totaly against it. Whom i have to follow.

Prabhaker sir suggest

Muslim personal law does not recognize concept of 'ancestral' or 'joint family'.

In muslim personal law one is owner in whose name property stands.

Hence in your case only A1, A2,B1 and B2 are four co owners of the property,no matter who paid the consideration for B1 or B2.

B3 has no right in the above said property on any basis whatsoever.