shobhit (sr process associate) 08 November 2013
Hi,
One of my friend belongs to Muslim family in Gujarat. His father died in the year 1997 in the presence of his grandfather. Now I need to ask whether he can claim the property's part as it belongs to ancestral parents.
Kindly guide him, so that he can take necesary steps.
T. Kalaiselvan, Advocate (Advocate) 09 November 2013
Ancestral rights and succession rights are totally different as per Muslim personal law to that of the Indian succession act or the other succession laws of the country. If you need a detailed clarification in this regard, write to me with full particulars to my mail id: kalai59thanga@gmail.com, I shall clarify the exact position as per the Muslim personal law.
minaz dandhala (lawyer) 09 November 2013
The property which is owned by grandfather will fall to the share of deceased father of your friend only after the death of grandfather. The Share of heirs under muslim law is fixed and is apportioned after the death . Thus only the property owned by the deceased will be open for apportionment after his death.
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