Regarding property claims in islam
J M Shaikh
(Querist) 21 February 2016
This query is : Resolved
Hello Sir,
We are Muslim family. My grandmother has a plot on which our home in village. This plot is not any ancestral property. She has two sons and six daughters all are married. She has registered this plot in sub registrar office to my father's and uncle's name i.e. two sons only as a "mrityu patra". My grandmother’s death on last year and from the day of death continuously my one aunty i.e. my father’s one sister from six sisters harassed for share in this plot. There is a bond has been given in the grampanchayat by remaining five sisters that they are not interested in that plot to keep good relation with their two brothers i.e. my father and uncle.
1.How is the registered document from sub registrar office as a"mrityu patra" important for this matter .
2.Is there another procedure to solve this matter with proper documents.
Advocate Ravinder
(Expert) 24 February 2016
You have not clearly stated what is “Mrityu Patra”. Instead of Hindi word, you should have mentioned the English nomenclature. But however, I assume that this is registered will deed.
So, as per the Mohd. Law, a person cannot give more than 1/3 of her (Grand mother) property by way of will. Hence, your father and your uncle will get only 1/3 (for both). The rest 2/3 of her property will be divided into 8 parts i.e. two sons and 6 daughters.
The succession in Mohd. law is very complicated. The above division of 2/3 between 8 persons is only rough estimation. For detailed calculation it will take time. Hence, pl contact me on my email.
