Latifa Mulla
Asked November 09, 2016

Rights in property

  • 2 Answers
  • 1452 Views

MAI MUSLIM HU.MERI MOTHER IN LAW KO UNKE PITAJI KA GHAR MILA HAI.WAHAN MERI SANS AUR SASURJI PICHALE 50 BARAS RAH RHE HAI.MERI MOTHER IN LAW KO 10 BACCHE HAI.5 LADAKE AUR 5 LADKIYAN.MERI MOTHER IN LAW NE BEFORE 15 DAYS SUB REGISTER OFFICE ME JAKAR 5 LADKIYAN AUR 2 LADAKONKE NAM US PROPERTY PAR CHADA DIYA HAI.MERE PATI SABSE CHOTE HAI.AUR MA NE KUCH NAHI DIYA.AUR WO KAHTI HAI KI MAI NAHI DUNGI. HAMARI 1 AUR PROPERTY JO MERE PATI AUR UNKE BHAI NE BUSINESS KAR K LIYA THA WO BHI DHOKE SE SIGN KAR K LIYA HAI.GIFT DEED KAR K AUR MERI MOTHER IN LAW NE BHI UNKA BAP SE MILA HUA PROPERTY BAKI BACHHO KO GIFT DEED KAR KA DIYA HAI.HAME WO PROPERTY MIL SAKATA HAI KYA PLEASE GIVE ME SUGGESTION .WHAT CAN I DO

Answers 2

First answer  no & second answer yes but considering property relating documents 

Agree Comment 0 Agrees almost 4 years ago

As far as the property acquired in business, jointly, by your husband and his brother is concerned, you can file a case of fraud[1]/cheating[2]/misrepresentation[3] under the Indian Penal Code, 1880, depending on the circumstances under which you had signed the papers.

For example: If you were made to sign the paper concerned with the joint business property between you and your brother without your knowledge, it can be termed as a fraud. However, if the papers said something about a contingent transfer or the terms were not clear and you signed the papers owing to your trust in your family, it could be a misrepresentation or cheating.

With regard to the transfer of the ancestral as well as her own property by your mother-in-law by way of gift, there is no provision in Muslim Law which can grant you a share in this property. Under the Muslim Law, there is no birth-right of the heirs apparent recognised.[4] No kin of the owner of the property is an heir but an heir-apparent i.e. they have a ‘mere chance’ of acquiring the property by means of succession or inheritance. Your mother-in-law is legally authorised to gift her entire property to her heirs or to someone else with an intention to disinherit her heirs[5], by virtue of the Shariat Law.[6] Since her act is within the legal parameters of Muslim Law, it cannot be challenged.

 

[1] Section 420 of the Indian Penal Code

[2] Section 415 of the Indian Penal Code

[3] Section 107 of the Indian Penal Code

[4] Section 52 of the Shariat Law, 1937

[5] Khajooroonissa vs. Roshan Jehan (1876) 2 Cal. 184; Lala vs. Rasula (1957) A. J&K 3

[6] Section 142 of the Shariat Law, 1937

Agree Comment 0 Agrees almost 4 years ago

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