Second daughter never executed gift deed or relinquishment deed to transfer or relinquish her share in property

2) on her demise her legal heirs can claim share in property

3) your sale deed must be containing indemnity clause wherein seller indemnified you in case any claims are made by third parties

4) call upon seller to settle with the claimant .

5) you can sue the seller to recover any amount payable by you to the legal heirs

1.It is not clear who are you in this chain of transfers.

2.Though on death of A his proeprty devolves upon his one son and 2 daughters, in this case it is reversed due to issuance of resh patta in favour of son of A only.

3.Since the issuance of fresh patta in respect of same land in favour of son A was not challenged by either of his sisters the said issuance of patta attains finality.

4. Now after so many years the children of sister of A can not challenge the subsequent transfer anymore.

5.So there is nothing to worry and contest the suit seriously.

The following rules will answer your all questions:

Rules Governing Inheritance of Property under Muslim Law.

The Muslim Law of Succession is a combination of four sources i.e. the Holy Quran, Sunna (practice of prophet), Ijma, (Consensus of the learned men of the community over the decision over a particular subject matter), Qiya (deductions based on analogy on what is right and just in accordance with good principles). Muslim law recognises two types of heirs, firstly, sharers, the ones who are entitled to certain share in the deceased’s property and secondly, Residuaries, the ones who would take up the share in the property that is left over after the sharers have taken their part.

Under the Indian legislative scheme, the rules that govern inheritance under the Muslim law depend on the kind of property involved. In cases of Non testamentary succcession, the Muslim Personal Law (Shariat) Application Act, 1937 gets applied. On the other hand, in case of a person who dies testate i.e. one who has created his will before death, the inheritance is governed under the relevant Muslim Shariat Law as applicable to the Shias and the Sunnis. In cases where the subject matter of property is an immovable property which is situated in the state of West Bengal or comes within the jurisdiction of Madras or Bombay High Court, the Muslims shall be bound by the Indian Succession Act, 1925. This exception is only for the purposes of testamentary succession.

It is noteworthy that the Muslim law does not make any strict distinction between any two or more type of properties such as movable and immovable, corporeal and incorporeal etc. Since there is no such distinction between different kinds of properties, therefore, on the event of death of a person, every such property which was within the ambit of ownership of the deceased person shall become a subject matter of inheritance. The amount of property that shall become the subject matter of inheritance and is made available to the legal heirs to inherit shall be determined after making certain appropriations. Such appropriations may include expenses paid in lieu of funeral, debts, legacies, wills etc. After making all these payments, the left over property shall be termed as the inheritable property.

Principles governing rules of inheritance of joint or ancestral property

Unlike Hindu law, there is no provision of distinction between individual i.e. self acquired or ancestral property. Each and every property that remains within the ownership of an individual can be inherited by his successors. Whenever a Muslim dies, all his property whether acquired by him during his lifetime or inherited from his ancestors can be inherited by his legal heirs. Subsequently, on the death of every such legal heir, his inherited property plus the property acquired by him during his lifetime shall be transferred to his heirs.

Birth right

The principle of Hindu law of inheritance of Janmaswatvad does not find place in the Muslim law of inheritance. The question of inheritance of property in Muslim law comes only after the death of a person. Any child born into a Muslim family does not get his right to property on his birth. In fact no such person holds becomes a legal heir and therefore holds no right till the time of death of the ancestor. If an heir lives even after the death of the ancestor, he becomes a legal heir and is therefore entitled to a share in property. However, if the apparent heir does not survive his ancestor, then no such right of inheritance or share in the property shall exist.

Inheritance on the basis of Doctrine of Representation

Doctrine of representation states that if during the lifetime of an ancestor, any of his or her legal heirs die, but the latter’s heirs still survive, then such heirs shall become entitled to a share in the property as now they shall be representing their immediate generation. Doctrine of Representation finds its recognition in the Roman, English and Hindu laws of inheritance. However, this doctrine of representation does not find its place in the Muslim law of inheritance. For example, A has two sons B and C. B has 2 children i.e. D and E and C also has two children F and G. During the life time of A if B dies, then on the event of death of A only C shall be entitled to inherit A’s property. B’s children D and E shall not be entitled to any share in A’s property. Between C and B’s children D and E, C would totally exclude D and E from inheriting the property. Therefore, it is said that the nearer heir excludes the remote heir from inheritance. The Muslim jurists justify the reason for denying the right of representation on the ground that a person has not even an inchoate right to the property of his ancestor until the death of that ancestor.[1] It is further argued that a right which was not vested in any possibility cannot give rise to claim through a deceased person.

Manner of Distribution

Under the Muslim law, distribution of property can be made in two ways, firstly per capita or per strip distribution. Per – Capita distribution method is majorly used in the Sunni law. According to this method, the estate left over by the ancestors gets equally distributed among the heirs. Therefore, the share of each person depends on the number of heirs. The heir does not represent the branch from which he inherits.

On the other hand, per strip distribution method is recognised in the Shia law. According to this method of property inheritance, the property gets distributed among the heirs according to the strip they belong to. Hence the quantum of their inheritance also depends upon the branch and the number of persons that belong to the branch. For example, if A has two sons i.e. B and C. B has two children i.e. D and E. C has three children F, G and H. Suppose on the death of A his property’s worth is estimated to be about 12000. B and C would be entitled to an equal share of 6000 each. . In case if B and C both die, then the extent of their children’s share shall be in following manner. B’s children D and E can only inherit the property to the extent of B’s share. Their share shall be 3000 each. As far as the children of C are concerned the extent of property that they can inherit shall extend to 6000. Their respective shares shall be equal i.e. 2000 each. Hence, it can be said that the share of each person in this method of distribution varies.

It is noteworthy that the Shia law recognises the principle of representation for a limited purpose of calculating the extent of share of each person. Moreover, under the Shia law this rule is applicable for determining the quantum of share of the descendants of a pre-deceased daughter, pre-deceased brother, pre-deceased sister or that of a pre-deceased aunt.

Right of Females in inheritance of property

Muslim does not create any distinction between the rights of men and women. On the death of their ancestor, nothing can prevent both girl and boy child to become the legal heirs of inheritable property. Preferential rights do not exist. However, it is generally found that the quantum of share of female heir is half of that of the male heirs. The justification available to this distinction under Muslim law is that the female shall upon marriage receive mehr and maintenance from her husband whereas males will have only the property of the ancestors for inheritance. Also, males have the duty of maintaining their wife and children.

Rights of inheritance of a child in womb

Under Muslim Law, a child in the womb shall only be entitled to the share in property if he or she is born alive. In case if he is born dead then the share vested in him shall cease to exist and it shall be presumed that it never existed.

Rights of a childless widow and widow

Under the Shia law, a Muslim widow who does not have any children shall be entitled to inherit one – fourth share of the movable property belonging to her deceased husband. However, a widow with children or childless widow is entitled to one – eighth of the deceased husband’s property. In cases where a Muslim man gets married during a period when he is suffering from some mental illness and dies without consummating the marriage, the widow shall not be entitled to any right over her dead husband’s property.

Rights of the step children

The rights of the step children do not extend to inherit the property of their step – parents. However, the step brother can inherit property from their step sister or brother.

Escheat

In cases where a person dies without any heir then, the property of such a person shall go to the government. The state is considered as the ultimate heir of every deceased.

MATTER REQUIRES TO BE DISCUSSED AND DOCUMENTS NEEDS TO PERUSED BEFORE ANSWERING OTHERWISE WRONG SIGNALS MAY PASS.

Yes, you will be protected under limitation act.

Let her go to court for enforcement of her rights you just be in possession. No need to get afraid of her.

Under Muslim law share of daughter is half that of son

2) there are 3 legal heirs to the property . Share of 2 daughters would be half that of son

3) entry in revenue records does not confer title to property. It is only for payment of property taxes . Hence merely son received patta in 1984 would not make him absolute owner of property

4) sale in 1996 by son was without consent of legal heirs

5) the contention of legal heirs would be they came to know about fraudulent sale recently only and hence claim is not barred by limitation

1. Muslim law confers on a daughter a share half of the share of the son. So 2 daughters will get a share half to their brother.

2. On the death of Daughter 2 her share further devolved on her heirs who can file a suit for partition to cull out their share. The onus will be on the defendant to prove that this daughter had relinquished her share during her lifetime, and thus it did not devolve on her heirs.

3. Your remedy is to file a suit for recovery of damages against the seller.

The limitation period of 12 years begins from the date of knowledge. The onus will then be on the defendant to prove that they had knowledge of it from a date earlier than the date on which they claim to have got knowledge.

1. how to prove that all the three heirs of daughter 2 ( dead ) had knowledge of it ? They would disagree anyway.

Ans: Through Family Genealogy/Heirship Certificate

2. Can I take a stand of adverse possession for the share equivalent to that of daughter 2 ( dead ) ? i.e 1/2 of 1/3rd of the property.

Ans: No, in co-parcenary there would be no question of adverse possession.

3. Recovery of the damages from the seller is impossible because the contract I had was with a person who is dead 3 years after the sale to me and previous all person who where part of the contract or sale are already dead.

Ans. No, issue

INFO : Daughter did not relinquish her share in anyway. When we purchased the land we received a copy of legal heirship which had only 2people ( one of whom sells the property and the other signs as witness ) but now this person comes with another legal heirship certificate issued by court with another name included. I do not know if there are any more copies issued by any other court.

Ans. You must establish before Court.

4. I'm sorry to ask this again, in a property assigned by land reforms, which document gives title to the person

a. Assignment Order with conditions. or ( assignment order says if you fulfil these conditions the land is yours )

Ans. If you do not fulfil the conditions the government will take back the land.

b. Patta issued after the sale ( issued to the son, because father is dead and all dues paid by him with interest ).

Ans. Ok, no problem

*Documents I have

*Assignment order with two conditions, ( sale after 10 years only and 2. agri only )

*death certificate of assignee

*patta issued 10 years after the date of assignment in name assignees son.

*Receipts of payments made by assignee's son and receipts of interest. ( payment Rs.900 by assignee and Rs.47500 + interests by assignees son )

* Legal heirship certificate of assignee with one daughter one son

* sale by assignees with son as the seller and party B as buyer and daughter 1 as witness

* patta and chitta in name of party B / tax receipts and EB in Party B's name.

*ownership certificate I name of party B from VAO

* POA from party B to Party C

* sale registration from POA to Party C 's son

*Patta and chitta in the name of Party C and tax receipts

* Ownership certificate issued in name of party C by VAO

* Sale registration from Party C to me.

*Patta , chitta and tax receipts in my name.

*Ownership certificate issued by VAO in my name.

Ans. O.K. Very Good.

You cannot claim adverse possession as defence against famuly member

2) it is well settled law that between co-owners, the mere fact that one co-owner is in possession of the entire property would not be sufficient evidence of ouster so as to extinguish the rights of the other co-owner

3) even if seller is dead legal heirs of sellers would be bound by indemnity clause is contract

The property sold by A's son without obtaining consent of his sister cannot sustain at this stage especially the sister is reported to have signed as witness to the said registered sale deed

The claim by the legal heirs of sister of A is not sustainable if they decide to move court for this.

The law of adverse possession will be operative hence besides other grounds you can challenge the case on the basis of law of adverse possession also.

The daughter who was entitled to a share chose not to claim her share in the property and it can be construed that she has orally gifted her share favoring her brother.

Oral gift is legal and valid as Muslim personal law.

This can be confirmed by her act of witnessing the sale deed, further she survived more than three years after being in the knowledge of the registered sale deed.

Hence the suit filed by the legal heirs may not be sustainable.