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rashid ahmed   06 October 2025

Claiming ancestor property - statement for court and land records

My grandfather died in the 1970s leaving two sons and one daughter and 9 acres of ancestral land situated in Muzaffar Pur village, Bihar. we are from Muslim family Without accounting for their sister’s rightful share, my father and his brother divided the entire property equally between them. My father subsequently obtained a new Jamabandi number from the Land and Revenue Department, Bihar. I have been unable to locate the original Apsi Batwara document, which I understand is necessary for some record corrections. In the 1980s my uncle executed an absolute sale deed in favour of my aunt, and therefore he ceased to be the owner of the portion sold. Some smaller parcels were sold by my uncle and those sales were witnessed by my aunt. Mutation for a part of the land was refused by the revenue officer on the ground that my uncle did not hold a Jamabandi entry from which the sold portion could be deducted. A different sale by my aunt did receive mutation and no objection was recorded by the revenue staff. My uncle died between 2010 and 2015. My aunt died between 2000 and 2023 and left no legal heirs. Certain portions of the land remain recorded in my grandfather’s name. I seek declaration and possession of the remaining land recorded in my grandfather’s name as my ancestral share. I ask the competent court and the Revenue Department to recognize my title and to direct necessary correction of records and mutation entries to reflect my hereditary right.


 3 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     06 October 2025

You can file a declaratory suit with recorded evidence.  Engage a lawyer for further guidance.

T. Kalaiselvan, Advocate (Advocate)     07 October 2025

A Muslim male cannot claim hereditary or ancestral rights in his grandfather's property in Bihar, or anywhere in India, because Muslim law does not recognize the concept of ancestral property.

 In Muslim law, inheritance is based on the death of the property owner, and a grandson can only inherit if his father has predeceased the grandfather, in which case the grandson inherits his father's share.

Muslim law does not recognize the concept of a Hindu coparcenary or ancestral property where property is held by joint family members for generations.

 A grandson can only inherit from his grandfather if his own father is no longer alive. In this scenario, the grandson inherits the share that his father would have received. 

If your father has predeceased your grandfather, your grandson's right to the property comes through your father's potential share. 

 

P. Venu (Advocate)     07 October 2025

Yes, there is no concept of ancestral property under Muslim. So also, the norms for inhertitance are different. 

Inheritance take place not by act of parties, but by operation of law.

There could be no meaningful suggestion unless the documents are perused and issues discussed.


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