LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Aftab Bharmal (Developer)     06 April 2015

Ancestral property as per muslim shia


   My question is about ancestral property as per shia/hindu law ? 


  We have long running dispute with the uncles where they claim that property my grandfather  gifted to my grandmom ( by means of updating the city survey records in grand ma's name)  is ancestral property 

  Now they case is in appeal and  uncles is protesting that the Land in dispute is ancestral and he had no right to gift it . 


 I will give the context in detail,   My father has purchased the property from my grandmother  through a sale deed. My uncles came to know about it and filed a case for nulling the sale deed in court  against my father.  They even claim that its an ancestral property.The property used to ancestral but my grandfather had purchased the right of other heir by paying them the suitable amount . so does the property still remains ancestral by any law as it is purchased from the legal heirs.  ?  .  The Judges reaction and tone that i have seen always looks biased .  the case have been going on since last 20+ yrs. 


 Now my questions are. 

1) The case has been filed against my father only.   Which law allows to sue a buyer  ? and not include the seller ?  Nor the Gifter ( My grand father ) .  ?
2) The property was gifted by Grand Father ( The only proof of it is the updation of City survey records by him , i.e my grandfather )   when he was alive. so as per my knowledge the uncles including my father has no right in the property of my grand father as long as he is alive  ?   i would like to  know the section and article as to present it to judge 

3) They have challenged the gift was never done . ( why did my grandfather updated the records in city survey in my grand mothers name if he did not gifted it  )   ? even the city surveyer has given statement in court stating that my grandfather had told to write my grand ma' s name in records as owner ? isnt that suffice to prove the gift ?   Why judge is overlooking the same how can i make it a point that judge does not overlook . ?

4) They even claimed that my father had given a statement in which he says the property belongs to my grandfaher in 1988 . which was is ignorance and grandma updated my fathers knowlege in 1990 saying the property is in my name . My father checked the city survey records and in 1992 purchase it from her. 
    The same has been given to court again and again to see the sequence. but yet the court fails to see the sequence and  gave a judgement on  1988 statement and not the new findings even after putting it in court. 

  what should be done to open the eyes of court and make them see these sequences. ! ????


Awaiting a positive response from the experience and talented lawyers in these forums .. 




 5 Replies

cyberlawyer (barrister)     06 April 2015

As far as Muslim law is concerned unlike  Hindu law there is no distinction between ancestral property and self acquired property. That is, the person on whom the property is transferred or settled has full right to settle/sell the property to anyone .

It seems your uncles are challenging only the settlement/hiba made in your father's favour . Is there any written instrument apart from the revenue records which evidences settlement ?. It is not necessary but it may help you. For effecting mutation of records your grandfather would have given a letter of consent or the copy of hiba itself as just oral suggestion will not make the revenue officials to make the mutation. You can produce them and prove it. 

When and where did your father state that the property is your grandpa's ?

As far as oral hiba is concerned there need not be any document and undisturbed possession of the property settled alone will constitute a valid gift apart from its offer and acceptance. Let the learned advocates comment on this point. 

Finally, i presume that they are not challenging your grandfather's title to property and there exists a valid relinquishment deed in his favour by the other legal heirs. 

Aftab Bharmal (Developer)     10 April 2015


  Thank you sir . 

My father is a purchaser of property from my grandmother.  (1992) 

 My grandfather had gifted the property to my grandmother .(1976-1978)  ( city survey records are the only proof of it ) 

The property was of my great grandfather. My grandfather paid his brothers and sisters for their share ( supreme court judgement of 1956 confirms the same )  and became the owner of the property 


 1)  My uncles are contesting that the property my grandfather had is ancestral and he had no right to give it to my grandma as a gift. 


 2) They are also claiming that gift was never made. 


3) They have even challenged the payment made for the sale by grandma to my father. ( which unfortunately the Honorable Judge accepted without any proof. ) 

 The property is  Bhavnagar Gujarat. 

 AS of now the  case is in appeal and again the same points have been highlighted by my uncles . 

 The Judge as i said is not looking into facts and dates etc and believing their claims/challanges without the context . 

 what can be done 

cyberlawyer (barrister)     10 April 2015

You say that the 1956 judgment is in your favour and that is an ample proof that your grandfather's brothers have relinquished all the rights in the property in your grandfather's favour. 

Then the relief  challenging your grandfather's title is not maintainable at all so most probably that relief is not going to be granted.

As far as the sale deed is concerned, your grandfather can just execute a name sake sale deed paying stamp duty for the guideline value according to the stamp Act and proof of payment is not necessary as the vendor, your grandfather himself has admitted that he has received payment. It is well known that if a fact is admitted by the other party to the transaction who is the only person who can raise objection regarding payment, it is not necessary for the purchaser/your grandmother herein, to prove the same. 

If you dont have trust in that judge, then transfer the case to a different judge by filing a transfer OP.   

Aftab Bharmal (Developer)     13 April 2015

Thank you sir, 

     1) to change the court .  i guess it will take too much time again.  and even the lawyer says he will not handle the case if  we do that.  to some extent it seems the laws made are in favor of the right person . but the humans who are responsible to enforce those are not .. Its really a shame  that  I have to say this. but corruption is too much how can we get justice in such a situation ? 

     Everything is very straight forward and clear but still the replies given by us in the case are ignored and on repeating the same the judged ordered a fine and did not consider the proofs submitted by My Dad during the running of the case . Now the same is in appeal and its almost 7 years now in appeal and there is no progress. the last three points i mentioned above are given by the lawyer of my uncles as their part .. which stands null if we see everything that has already been put up in the case file. 


  But yet there is no action.  I feel really lame when it comes to getting justice as the once we expect justice from seems to be corrupted. I would like to know if anything can be done against such a act of biasness. and favourism by the appointed personal for justice   ? 


   Will keep updated the proceedings the next date is on 21 st of april 2015.  



Aftab Bharmal (Developer)     27 April 2015

The judge  without listening to the argument of ours had kept the date of judgement 

to which my father have applied for an argument (reply/daleel) from our end  for that too he gave another date. 

 Now when the vacation is closing by he plans to give a judgement. Even last time judgement was done in a similar scenario where the judge gave judgement just before vacations. and then the appeal took more then a months time.. which is obvious.  They contested that the date has been passed and appeal cannot be accepted in 2008-2009. That time too we had to argue that the court was on vacation and we could not go in appeal for the month. and after many hardships the appeal was considered. this time too they are planning to do the same. 


 I wish to make everything public so that others who are good and have considerable knowledge can have a say on this issue.  can i make such cases public by giving out the details or distributing the case proceeding is it illegal by any means to bring out the cases proceeding in open.  ?

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Related Threads