If you are stuck in such a situation, here is what to do.

Priya’s father, Mr. Verma, had four wives. Priya and her younger sister, Anjali, were from the second and fourth wives, respectively. Mr. Verma had no children from his first and third wives. In 2005, he legally divorced his first three wives, including Priya’s mother. At that time, he provided a one-time sum of ₹90,000 for Priya’s support until she turned 18. After this, there was no communication or financial assistance from him. Priya’s mother, a teacher, raised her as a single parent.

Mr. Verma passed away on May 15, 2023. Recently, Priya learned from relatives that his fourth wife, Ms. Rekha, who was with him until his death, is attempting to sell a property. This property is ancestral wealth, originally earned by Priya’s grandfather. Priya investigated and obtained documents from the sub-registrar’s office in July 2024. She was shocked to discover that in 2014, her father had supposedly gifted the entire property to Ms. Rekha through a ‘Hiba’ (an oral gift under Muslim law, later documented). The document also stated that none of his other children had any right to claim the property.

Currently, Ms. Rekha is trying to obtain a legal heir certificate for her daughter, Anjali. However, the Tahsildar (revenue officer) has halted the process, stating that the deceased, Mr. Verma, has an elder daughter (Priya), and her signature is mandatory for the certificate to be issued. Priya is now questioning the validity of the Hiba and wants to know if she can claim her rightful 50% share of the property alongside her sister.

Advice in such cases

Immediately issue a legal notice to the fourth wife and any other involved parties, asserting your claim and warning them against selling or creating any third-party rights in the property.
File a formal written objection with the Tahsildar or the concerned revenue authority, preventing them from issuing a legal heir certificate that excludes your name. Provide your identity and relationship proof.
File a suit for partition and declaration in the appropriate civil court. This suit will seek to declare the Hiba as invalid to the extent of your share and ask the court to divide the property among the legal heirs.
Simultaneously, file an application for a temporary injunction to restrain the fourth wife from selling, mortgaging, or alienating the property while the case is pending.
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

This case is primarily governed by the principles of Muslim Personal Law, specifically concerning gifts (Hiba) and inheritance.

Muslim Personal Law (Shariat) Application Act, 1937: This Act mandates that in questions regarding intestate succession, inheritance, and gifts among Muslims, the Muslim Personal Law (Shariat) shall be the rule of decision.
Principles of Hiba (Gift): For a Hiba to be valid, three conditions must be met: (i) a clear declaration of the gift by the donor (the father), (ii) acceptance of the gift by the donee (the fourth wife), and (iii) immediate delivery of possession of the property.
Ancestral vs. Self-Acquired Property: This is the critical point. Under Muslim law, a person can gift their property during their lifetime. However, if the property is ancestral (inherited from his own father, i.e., your grandfather), he only owns his specific, undivided share in it as per Shariat law. He can only make a Hiba of his own share, not the entire ancestral property. The Hiba for the entire property can be challenged as being invalid beyond his personal share.
The Registration Act, 1908: While an oral Hiba is permissible, if it is documented, it may require registration depending on the circumstances and value. The registered document you found adds a layer of complexity but does not make an invalid gift valid.

If you are the complainant

Act without delay. The statute of limitations is crucial in property matters.
Gather all necessary documents: your birth certificate, your parents’ divorce papers, your father’s death certificate, and any documents proving the ancestral nature of the property (old deeds, revenue records).
Obtain certified copies of the Hiba deed and the Encumbrance Certificate (EC) for the property from the sub-registrar’s office.
File a caveat in the relevant court to ensure that no orders are passed concerning the property without you being heard.
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

If you find yourself being unjustly deprived of your rightful inheritance, here are the steps to take:

First, understand your legal standing. As a daughter, you are a Class I legal heir under Muslim law and have an undeniable right to a share in your father’s estate, especially in ancestral property.
Do not be intimidated by the existence of a document like a gift deed or a will. These documents can be challenged in a court of law on various grounds, such as undue influence, fraud, or legal incapacity (like gifting more than one’s share).
Preserve all evidence and communication meticulously. Any message, letter, or conversation can be vital.
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

It is important to understand that property inheritance and title disputes are civil matters. The police have a very limited role.

The police will not register an FIR or conduct an investigation into who the rightful owner of the property is. They do not have the jurisdiction to decide title disputes.
Their involvement is restricted to maintaining law and order. If there is a threat of violence, illegal trespass, or forceful eviction, you can approach the police to prevent a breach of peace.
In most cases, the police will advise both parties to approach the civil court to get their rights determined and will act only upon the court’s orders.

FAQs people normally have

Can a father disinherit his daughter from ancestral property through a gift?

No. He can only gift his own defined share in the ancestral property. He cannot gift away the shares that belong to other legal heirs.
Is the Hiba (Gift Deed) made by my father absolutely final?

Not necessarily. Its validity can be challenged in court, especially if it deals with ancestral property and does not satisfy the legal requirements of a valid Hiba.
As a daughter, what is my share in my father’s property?

Under Hanafi school of Muslim law, a daughter gets half the share of a son. If there are only daughters and no sons, their shares are specifically defined. In your case with two daughters, you would collectively get two-thirds of the inheritable estate, to be divided equally between you (i.e., one-third each). The remaining one-third would go to other legal heirs as per the law.
What should be my immediate first step?

Your immediate first step should be to consult with a civil lawyer, send a legal notice to the other party, and file an objection with the revenue authorities.

What evidence is required?

To successfully challenge the Hiba and claim your share, you will need strong documentary evidence:

Proof of Relationship: Your birth certificate naming your father.
Proof of Paternity: School records, passports, or any official document listing him as your father.
Proof of Property’s Nature: The “parent deed” or chain of documents that show the property was inherited by your father from your grandfather, proving it is ancestral.
Father’s Death Certificate: To initiate succession claims.
The Challenged Document: A certified copy of the Hiba deed.
Revenue Records: Documents like Patta, Chitta, or other land records from the revenue department.

How long will the investigation take?

This is a civil suit, not a criminal case, so there is no police “investigation.” The timeline is dictated by the court process.

A suit for partition and declaration is a long-drawn process. It involves multiple stages: filing, service of summons, written statements from the opposition, framing of issues by the court, presenting evidence, cross-examination, final arguments, and then the judgment.
This entire process can take several years in the Indian legal system, depending on the court’s caseload and the complexity of the matter.
However, an interim order for an injunction (to stop the sale of the property) can usually be obtained within a few months, which provides immediate protection of your interests while the main case proceeds.

Advocate Sudhir Rao, Supreme Court of India

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Daughter’s Right to Father’s Ancestral Property After Hiba (Gift)