No justice to muslim lady in property !
Aftab4u
(Querist) 06 May 2012
This query is : Resolved
Dear Experts,
One of my friends relative a lady belongs to muslim family her mother expired when she was only 5years of age her father again remarried and from the day of his remarriage he dint care the lady and he left her in their aunty house from childhood to till the time of marry she was there in the auntys house.
recently we came to know that the father of the lady got huge property from the grandfather of the lady after that from the force of the family members of the lady he given the lady a simple land which doesnt have any value.
The lady also has 2brothers and they are getting the shares from the property which is now 80-90 lakhs of property and they also avoided their sister and once the wellwishers asked regarding the share of the property they told that one bit of land they have given to their and no need to give any thing from the property which herited to them....the property which they got they are making 3 shares the father and his 2 sons and nothing they are giving to the lady presently she is married but living in poverty even though she is having lakhs of property of his father and grandparents.
the father of the lady is a central govt employee working in railways.
Pls advice is the lady eligible for the share in the property which her father and her brothers are enjoying.
She is illiterate and if they have taken any signature on the documents earlier is she still eligible for the share from their father and brothers.
The land which she got they sold for her marriage and they have not paid even a single rupee for the marriage...she got land worth of 70 k and they are njoying the property of 90 lakhs.
Pls guide us is muslim women even though she is married she is eligible for the share.
Thanks in advance.
Khaleel Ahmed Mohammed
(Expert) 06 May 2012
Dear Aftab,
As per your above statement, the father of the muslim lady is alive. In his life time neither female nor male can claim in his property.What ever her father offered her is a gift not a share in the property. After the demise of the father, the property left by him will be divided among his all children including the lady also in a ratio of 1:2 for female and male respectively.The question of injustice does'nt arise here.
Adv.R.P.Chugh
(Expert) 06 May 2012
No share during the life-time of father....one thing I'd like to add is if the father does not gift or sell the property in his lifetime..then the document that they have made the daughter sign would be of no avail and she would be in a position to claim share in inheritance. Until the sucession opens up - any relinquishment etc is a mere spec successionis (giving up of a mere speculative share on inheritance) which has no value.
Shonee Kapoor
(Expert) 07 May 2012
Rightly stated. As long as father is alive the question of the right of children doesnot arise.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Aftab4u
(Querist) 08 May 2012
Dear Sirs,
Thanks for the reply, but the property which inherited from the Grandfather of the lady to her father that property he is selling now and he is giving share to his sons of his first wife, but not to the lady who is the sister of the 2brothers who are getting shares from the property.
if the father of the lady sells all the property when he is alive and transfer his rest of the property to his second wife and their children then she will be in loss.
Is there any law stating that the children of the first wife(daughter) will be also having share in the retrial benefits of the father who is a central govt employee as the father of the lady is going to retire with in a couple of years.
Thanks again and awaiting for ur valuable advice.
Khaleel Ahmed Mohammed
(Expert) 11 May 2012
There is no difference between self acquired property and inherited property. He is the owner of the property. No body has right to restrain him from selling his entire property as per shariath law. The right in the property by the heirs arise only after the demise of Mohammadan.
