Ancestral property inherited by my dad now registered under my brother

690 votes

1. Right to Inheritance in Islamic Law: Under Muslim Personal Law (Shariat) Application Act, 1937, both male and female legal heirs have a right to inherit ancestral or self-acquired property of a deceased Muslim. Daughters are legal heirs and cannot be excluded from inheritance. The share of a daughter is typically half of a son’s share, but she must receive a share. 2. Situation as per Your Query: If the property was inherited by your father, it became his personal property. Upon your father's death, the property must be distributed according to Sharia law: Sons Daughters Wife (if alive at the time of death) If the property has been transferred or mutated only in the name of sons, bypassing daughters, it is illegal and challengeable under personal and civil law. 3. Legal Remedies: A. File a Legal Notice: Issue a legal notice to your brothers and other heirs, demanding your rightful share. State that the transfer or mutation done excluding daughters is not valid under Muslim law. B. File a Suit for Partition and Declaration: File a civil suit for partition in the local civil court seeking: Your legal share in the property, A permanent injunction against further alienation, Declaration that the exclusion of your name is void. C. Mutation/Registration Challenge: If the property has been illegally mutated or registered in only male heirs’ names: Apply before the Tehsildar/MRO/Revenue Department to correct records.

Advocate Venigalla Srinnivasa Rao LawRato

714 votes

hi yes if your dad and brothers are denying your share in the property and not giving your lawful share in the property then you could file suit for partition of property into equal shares and not to alienate the property in meantime

Advocate Baddam Aravind Reddy LawRato

567 votes

You should file a declaratory suit along with a permanent injunction to protect your possession. If you’ve been in continuous, peaceful possession for 12+ years, you may also claim ownership by adverse possession.

Advocate Koteshwara Rao LawRato