ancestral property


Hi,
My mother is a hindu and father is muslim. my question is my mother's sister has taken and made sale dead, all her grand mothers land without my mothers permission. does my mother has rights on that property? is any problem that my father is being muslim? he is no more now. please need a proper suggestion.
 
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subregistrar/supdt.(retired)

Whether your mother's marriage with another religious person is not necessary.  All the legal heirs (including your mother) of your grandmother have equal rights over the property.  So consult a local advocate to file a case for partition.

 
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really thank you so much for your advise. actually we have files a case. but they are threatening with this reason sir.
 
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LEGAL

How that matters, your mother has full right in her ancestral property, that is right inherent , just file FIR against othe fraudisters. Make also publication in news paper about the property that no one may puchase it being unpartitioned and in dispute...

 
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Retired employee.

The simple fact is that your mother might have left Hinduism and the religion can not desert her.  Has she converted as Muslim ?  Even then Hinduism can not desert her.

 
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no we have not converted to Islam. my fathers funeral has made as per Islamic. after that i lost my own elder brother we were not done all the procedures as hindu system.
 
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Retired employee.

ONCE A BORN HINDU, ALWAYS REMAIN AS HINDU UNDER LAW, AND THIS IS NOT THE SAME WITH HER CHILDREN.

 
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thank you so much sir. in my previous msg there was a mistake from me. my elders brothers death funeral procedure has done as per hinduism.
shall we be confident about this case sir?
 
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Lawyer

The property of your grandmother shall devolve upon her children, including your mother, as she (grndmother) was a Hindu.

The post involves complicated facts vis-a-vis law applicable.

It is better to seek professional service of a local prudent lawyer for appreciation of facts and guidance.

 

 
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