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Riyaz (Tech Lead)     20 March 2013

Islamic sharia - ancestral property dispute


Please suggest the solution as per Islamic Sharia:

We have ancestral (grand father's) property in the form of land and house. My grandfather have 2 sons and 7 daughters (2 daughters passed away). My father is 2nd son and few years ago he passed away. Elder brother (paternal uncle) of my father has registered everything in his name long ago and sold out without knowledge of my father when my father was still alive. Recently we have filed Civil case in the local court but some of sisters of my father are not accepting court notice. Please guide me to get our rights.

What Islamic sharia says for distribution of property in above mentioned case? i will be thankful for your suggestions and guidance.



 2 Replies

Anirudh (Advocate)     20 March 2013

Please indicate whether it relates to Shia or Sunni sect.

When did your grand father die?  Who were all alive when died (i.e. his son(s) and daughter(s), wife, mother/father etc.)

When did your uncle sell the properties?  When did you file the court case?

Upon knowing this, your query can be answered.

Riyaz (Tech Lead)     20 March 2013

Thanks for quick response. We belong to Sunnu Sect. My grandfather died in 1973 and that time his wife, 7 daughters and 2 sons (my father is one among) were alive. Later in 1983 my grandmother died and soon after that i.e. in 1984 without anyones knowledge he changed property in his name with the help of local authorities (with his money power as he was govt employee) and sold part in1993 (we have collected all the documents from 1960 for this property) and remaining in 2005. My father was cardiac patient since 2001 and got expired in 2010. Later we started digging the details and end up in finding all the mishandling of the property.

Please advice...

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