Property bought for a minor. Can siblings claim that as ancestral property?

[User_1efeb4ef]

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User_1efeb4ef
PARTICIPANT
January 12, 2025 at 7:41 am

Hi. A property was bought for my father when he was 8 years old by some elder. It is in the possession of my father and he cultivates it. Now that my grandfather is no more, there’s going to be a distribution of property according to Sharia Law. My aunts are claiming that the property bought for my father should be distributed too as he was a minor that time and couldn’t have bought it himself. Does this argument hold any weight? There’s no proof that it was paid by my grandfather or grandmother. What’s the legal point of view in this case?

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[Luckypanda2667]

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Luckypanda2667
PARTICIPANT
January 12, 2025 at 8:00 am

NAL

If it’s in your father’s name and he is still alive, he is the sole owner of it. Only property on your grandfather name can be claimed by his children. However I am not sure of Sharia law

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[User_1efeb4ef]

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User_1efeb4ef
OP
January 12, 2025 at 8:08 am

Thank you.

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[Cleverneha6648]

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Cleverneha6648
PARTICIPANT
January 12, 2025 at 8:17 am

I am not sure about Islamic law but be careful they might get vindictive and simply decide to donate the property to waqf.

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[User_1efeb4ef]

U

User_1efeb4ef
OP
January 12, 2025 at 8:18 am

No. It’s in my father’s possession. I just want to know if they can get a stay order or something.

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[Cleverneha6648]

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Cleverneha6648
PARTICIPANT
January 12, 2025 at 8:31 am

Where as the stay order go they can. Property laws are pretty fucked up in India even though you have all the rights on property the court won’t simply reject the other party claim and you can’t sell it unless the case is settled. Sometimes it can go for years so stay strong.

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[User_e75f6829]

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User_e75f6829
PARTICIPANT
January 12, 2025 at 10:06 am

It is your father’s personal property, they have no right over it.

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