Purchase of Agricultural Land
11 months ago
Hi, Am Hindu buying a piece of agricultural land property from Muslim as this property is inherited as explained below, Please provide your suggestions.
1. Mr. A Muslim person purchased property from Mr. B (Hindu) way back in 1955
2. Mr. A Muslim person died and property got transferred to his son Mr. C (as Pouthy Katha)
3. Mr. C Muslim person got 2 marriages to Mrs. D and Mrs. E.
4. To Mrs. D had 4 childrens of which 2 daughters (D1 and D2) and 2 sons (S1 and S2)
5. To Mrs. E had 2 childrens of which 2 sons (S3 and S4)
7. Mrs. D Muslim lady(1st W/o Mr. C) died.
6. Mr. C Muslim person died and property has been transferred to his childrens (D1,D2, S1,S2,S3 & S4) as Pouthy Katha.
Now my questions as below:-
Q1) At SALE DEED with childrens (D1,D2, S1,S2,S3 & S4) should I make Mrs. E as one of the party seller/vendor party ?
Q2) These childrens (D1,D2, S1,S2,S3 & S4) have got their own childrens of which some are Major and some are minor, should I make these childrens - children as well seller/vendors or just keep only childrens ((D1,D2, S1,S2,S3 & S4) & Mrs. E as VENDOR.
Your prompt replies will be really helpful to proceed further.
A person is not prohibited from owning a certain property merely because of his or her religious beliefs. There is no legal stumbling block that makes a Hindu barred from buying property from a Muslim. 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. Under the Indian legislative scheme, the rules that govern inheritance under Muslim law depend on the kind of property involved. In cases of Non-testamentary succession, the Muslim Personal Law (Shariat) Application Act, 1937 gets applied. You just satisfy yourself with the status of legal encumbrances of the property before buying the property belonging to a Muslim. Reach out an Advocate with all the property papers for guidance and steps.
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