Query-property
Jameer
(Querist) 14 October 2011
This query is : Resolved
Hai sir i want to ask a question that my grand mother (father mother) is dead leaving a house in her name.Grand mother had 2 sons and 3 daughters,all are married.Among the two sons one is dead and one is my father.the deceased son has two sons and three daughters and they want to register the grand mother son in there name,i want to ask is that possible, who are the persons having equal share of the house.we are two brothers and my brother is in abroad can i file a case in court.
Iam a Muslim .
prabhakar singh
(Expert) 14 October 2011
If the property was exclusively owned by your grand mother and she died without making any
WILL then her property shall be shared by his five heirs equally [2sons+3daughters]and each one will get 1/5th.The 1/5 th of the deceased son shall be shared by his 5 sharers[2sons + 3 daughters]equally so that each of them will get 1/5 of 1/5 form their fathers share,and if his widow is alive then there would 6 shares and shall accordingly get 1/6 of 1/5 each.
The answer is under presumption that it is a case of hindu family.
prabhakar singh
(Expert) 14 October 2011
Not you but your father can file a case as he is alive and sharer of 1/5 th.
Raj Kumar Makkad
(Expert) 14 October 2011
prabhakar singh has told about inheritance under Hindu law which is not applicable upon you.
The law governing Muslims and Muslim women in India is under The Muslim Personal Law (Shariat) Application Act, 1937. The Shariat is regarded as the Custom or Usage for the purposes of division of all properties, except agricultural land. In the earlier times Muslims were governed by the local customs, laws and practices where they were domiciled which ran contrary to the Shariat in following the local customs and laws. The customary laws were highly discriminatory and it excluded daughters and others like widow were in the bottom line in the succession order, this practice runs contrary to the Shariat where a daughter and widow cannot be excluded by any other heir and also have the protection from the testamentary restrictions. The shares of the daughters and widows are lower than a man.
prabhakar singh
(Expert) 15 October 2011
Quite interesting.jameer=muslim is the guess by makkad.
okay,but about shares?????
