Ancestral property rules during Muslim Law
19-Oct-2023 (In Property Law)
We received a portion in my father's ancestral house through court decision.However when this decision came both my father and mother had expired without making any will regarding this property.I(Son) also have a sister who is married and well settled.I had given the share in this property to my sister in monetary terms which was very well accepted by her.After that I got an affidavit from her which is a notarized document on Rs 20/- Stamp paper.It is attested by a lawyer and also signed by two witnesses in which it is clearly written that:- 'I surrender and release my share of property in favour of my real brother(i.e me) and give full authority to my brother to take,get,inherit and to get transferred the share of my property in the aforesaid ancestral property in my name and on my behalf.' Now my question are:- a)Does my sister now have any right to claim on this property? b)In case if I wish to sale the property do I need her consent to do so?
Sir, here I need to ask you few things like what exact court decision came at that time because after 2005 daughter got the right in his father's property. So as you described above you would be needed your sister consent before sale that property and your sister do have right to claim. But as you said I would like to read the exact wording of the affidavit.
For more clarification and better information please contact me through Lawrato.
Thank you
Adv. Sarvesh Roy
For more clarification and better information please contact me through Lawrato.
Thank you
Adv. Sarvesh Roy
Dear. Client,
As you said that when you got the property you gave the share of your sister in monetary terms and. She has executed the deed for the same then now she has no interest in the same in the property. But need to know more facts as name in papers etc to advice in detailed. For your further query you can contact me.
As you said that when you got the property you gave the share of your sister in monetary terms and. She has executed the deed for the same then now she has no interest in the same in the property. But need to know more facts as name in papers etc to advice in detailed. For your further query you can contact me.
Sir, in your case let me tell you that it is a case where you have taken the consent of your sister only on a normal 20Rs Stamp paper though it is having a an evidentiary value but not that much. As, the consent which she has given you via that agreement it has to be on a stamp of Rs 100 and that agreement if would have been a registered agreement, then in that case it was a sure shot proof that you had a consent from her.
And related to that signature part in a case you want to sell the property, than you are still obliged to take the signature legally but if you want to sell it via a mischief than you can sell that property without signature and than afterwards if she is of a view to file case and fight, she can do at her will and fights may go on for a long time.
Rest we can discuss at my office in Ghaziabad and you can contact the law rato team for my contact details.
And related to that signature part in a case you want to sell the property, than you are still obliged to take the signature legally but if you want to sell it via a mischief than you can sell that property without signature and than afterwards if she is of a view to file case and fight, she can do at her will and fights may go on for a long time.
Rest we can discuss at my office in Ghaziabad and you can contact the law rato team for my contact details.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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