Raja Ammar 11 December 2022

Sale of muslim ancestral land

I purchased agricultural land from a person that was his ancestral property. Now his son has filed a petition against his father claiming that he can't sell their ancestral land, though the regstration of the sale-deed has already been done in my favour. Am I legally safe? Seller & buyer, both are Muslims.

Further I want to ask how long does a curt take to decide such civil suits.

Warm Regards!

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Quick Summary

A buyer is seeking legal advice after purchasing ancestral land from a Muslim seller, only for the seller's son to contest the sale. The core issue revolves around whether ancestral property can be sold under Muslim Personal Law, which generally does not recognise the concept of ancestral property. The discussion suggests that such a suit might not be maintainable and should be pressed for dismissal early on. Advice is also sought on the typical duration of civil suits.

3 Replies

Lawyer Bhati 11 December 2022

if this is an ancestor property then son can claim but if this property earn by his father then he can't

Raja Ammar 11 December 2022

Can son claim ancestral property even under Muslim Personal Law? Isn't Muslim Law applicable here?

Shashi Dhara 11 December 2022

Islam doesn't recognise ancestral property ,,how the suit is maintainable ,it would not be admitted in intial stage only ,press to dismiss the suit at once.