Share in parents property
Azhar
(Querist) 04 December 2011
This query is : Resolved
We are from muslim family. My mother has 10 siblings. Her parents are deceased. There is a property battle going on between the brothers and sisters. Land property is in orissa. I want to know the rights of the daughter towards the property. Want to know how much share are they eligible for. Does sons and daughters get equal share?
According to islamic law, apparently sons will get double the amount. I want to know what the indian civil law says and if the daughters are eligible for equal share of the property.
Thank you in advance
R.Ramachandran
(Expert) 04 December 2011
Dear Mr. Azhar,
Pl. indicate whether it relates to Sunni or Shia.
Further please indicate the complete particulars (widow, mother, father, son, daughter son's son, son's daughter etc.) of the surviving members of the deceased family so that one can give an appropriate answer to your query.
Azhar
(Querist) 04 December 2011
Hi Mr Ramachandran,
We belong to Sunni Sect.
My mother and father are unemployed.My maternal grandparents are deceased.This is their land property.
My mother's 3 brothers are deceased.
1st brother and his wife deceased survived by 2 sons.
2nd brother deceased survived by his widow,1 son & 1 daughter.
3rd brother deceased survived by his widow,2 sons & 1 daughter.
Remaining 2 brothers alive.4 sisters alive last sister widow.
Hope that helps
Thanks.
Azhar
(Querist) 06 December 2011
hello mr ramachandran..im eagerly awaiting reply, kind of urgent..would really appreciate if any other lawyer would reply to my query.
R.Ramachandran
(Expert) 08 December 2011
Dear Mr. Azahar,
The division of the property would be as under:
Each of the son will get 2/15th share while each of the Daughters will get 1/15th share.
Azhar
(Querist) 08 December 2011
thanks for the reply..is there any other way by which daughters can get equal share or more than 1/15 share.
R.Ramachandran
(Expert) 08 December 2011
As per legal provisions no. However, the brothers,if they so desire, can gift some portion from their share to their sisters.
