M.S.Sayyed (Research) 11 January 2009

Mohammedan Law

A Muslim died leaving behind property -farm land, plots and house,bank accounts etc.Two sons and two daughters,all married are legal heirs of the deceased.One brother who is govt official and the other who is looking after farms etc do not want to share the property. The two daughters now want to file a civil suit. Can some one guide and provide me a format of the civil suit ?

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AEJAZ AHMED (Legal Consultant/Lawyer) 11 January 2009

DEAR SAYYED,

What do you mean by " CIVIL SUIT " in this circumstances or on the facts as stated by you ?

(i) As per Mohammedan/Shariah/Personnal LAW, every daughter is having rights to claim her " SHARE " in the "PROPERTIES " left by her "LATE FATHER".

(ii) Nobody can stop them with regard to the said claims.

(iii) If their " Real Brothers/Real Mother" do not give the "SHARES" in the "PRPORTIES" left by their "Late Father", "AMICABLY", they are having full rights, and they themselves can file "CIVIL SUIT " for "PARTITION " of the Properties.