Faruk Shekh 20 October 2023

Ancestral property plaint

The case of ancestral agriculture property issue of Gujarat.

A person had passes away in 1970 and than property has given to his wife and when she had passed away in 1985 than it was transferred to their 6 (3 men's and 3 Women's) children. In a village record it's clearly written that name has entered for rights in 1971 and withdrawn from the property of all women's in 1989.

Now

One of sister's son ( Lawyer ) send a plaint to his mother's brother and family members to stop sell property and asking for their share in this property.

1. Can a person file suit against his brother if he or she has withdrawn rights from property in mutual trust on paper and as well on government records para 6 ?

2. Can one sell this type of ancestral property without taking declaration from others who were withdrawn ?

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5 Replies

Dr. J C Vashista (Advocate ) 20 October 2023

Suit may be filed by any one but it's maintainability is the real question.

How the property has been devolved upon the widow has to be determined.

Sucession of property stated to have been transferred to 6 children is a matter of personal law i.e., Hindu, Muslim, Christian of the deceased,

However, it is better to show relevant file / documents to a local prudent lawyer for proper appreciation, professional advise and necessary proceeding.

Real Soul.... (LEGAL) 20 October 2023

If she has signed the documents or there was any relinquishment deed then she is not going to have it now, but if that was orally then you have to prove that by way of evidance

White Brands Pvt Ltd 20 October 2023

Good morning sir,

It is Muslim family and this case has been raise before sell of this property. They have tried to solve by meeting with all 5 live members but now one has file plaint and clearly asking for 1/6 part of the property. They have local panchayat paper of relinquishment signature all members. Even it was partition at that time amongst 3 brothers. This property has received by partition after mother's death. Please find the attached evidence and suggest.

Thank you so much for your help.

Attached File : 993182 20231020122144 ddae3e2a db11 446d 8ee7 ecd04aa5d6f8.jpeg downloaded: 79 times

T. Kalaiselvan, Advocate (Advocate) 20 October 2023

The daughters are entitled to a half share compared to full share to that of the sons.

The partition among the sons excluding the daughters is not valid until and unless the daughters have relinquished their rights by executing a registered release deed.

Hence the suit filed by the son of one of the daughters is maintainable.

Firstly there is no concept called ancestral property in the Muslim law.

The Government revenue records are not title documents hence not maintainable.

The partition made among the sons alone is also not valid.

The person who filed the suit can ask for stay order restraining the other parties from selling/alienating the property till disposal of suit.

White Brands Pvt Ltd 21 October 2023

Need suggestions on

1. If 5 members have withdrawn their rights in writing and the same records maintain in panchayat than one can file a case ?

2. Rights have been entered in 1970 after father's death and rights have been withdrawn in 1992 after mother's death. Can one file case after such a long time after giving up their rights ?