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Ancestral Property dispute in Muslim Law


17-Apr-2023 (In Property Law)
My father has 2 married sisters and their names are present in “Etar Hakka” and we need to sell this land. Problem is one sister is not ready to sign though my father is ready to give appropriate amount to her. Will recent supreme court decision (related to on and after 2005) will help us as all of them (my father and sister’s) are 45+ in age. Can we directly sell land if the person (present in “Etar Hakka” section) is not present at the time of sale deed. Can you please suggest some good legal option for this case.
Answers (1)

Answer #1
971 votes
You can file a case for partition for the same and after that you and your father can sell away the property to whomever you wish to. But the sale will be limited to the share of you, your father and one of your father's sister.

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