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shuaib zakaria (propreitor)     11 August 2013

Suit for partition ancestral property

my grand father( muslim )died intestate in 1948 leaving residential property measuring

65000 sq ft open space with 5000 sqft built up commonly occupied by the family consisting of 6 branches

my uncles 5 branches and my father  one branch , they got the same partitioned in 1971 via a registered deed

and the  same is kept in common  among all six branches ,

my father expired in 1975

now i have moved to court seeking partition with seperate possesion of my share   

as the other five branches are claiming that my share has been relinquished orally by way of accepting cash

and also they are claiming that it is time barred for claiming share as my father expired in 1975

kindly help and guide and provide information on the same



Learning

 2 Replies

Advocate Vishnu (Advocate)     11 August 2013

Shuaib zakaria,

Muslims in India will have to follow the islamic family act of 2012.

1. muslim law in India does not recognise partition

2.since the 6 families have agreed to partition the same via a partition deed, we can consider it as a valid legal arrangement to handle the property.

3.There is no concept of oral relinquishment in muslim law. 

4. your right cannot be held time barred just because your father passed away in 1975. It is your birth right to legally obtain a share in the said property.

5. The exact share that  each individual is capable of  inheriting can  be ascertained from a  -  carefully prepared family tree . 

6. From your query , it is very clear that you are legally entitled to a share in the said property and  you will definetely succeed if you move  initialte legal proceedings in a court.

Dhanesh Kelkar (Self Employed)     21 August 2013

I am 40 year old (female)  name Sujata: got married in 1995 having one child. My mother died 5 years back and now my father died month ago, after my fathers death my two sister younger to me transfer money from bank /post account kept in fixed without consent.  now refuse to share. we have one elder sister who is mentally handicap always need a  observation including her we all 4 sister and one younger brother all married excluding mentally handicap one. my other two sister kept all my mothers ornaments including above mention fixed deposit amount.  and denying for sharing the same. All these property is ancestral property the money which was deposited in bank was raised through selling ancestral shop located at gorgaon mumbai. The ornaments also received from my grandmother in ancestral way.

One more thing my parents have handed over me in the age of two years to my uncle.  and got away with their initial responsibilities and when i grown up completed my graduation they started calling. due to  emotional confusion i could not decide and from uncle place only got married. Thus my both sister under impression that i have not looked after my parents.  but looking to the fact i was not in the position to do anything in that stage. i had no income to serve them neither i had a option as the people who nurtured me can not leave the place at knowing my origin birth giving parents. 

Please advice and  give solution.  


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