registration of property
Guest
(Querist) 08 December 2010
This query is : Resolved
sir,
i have a house measuring 130 sq yards which is not registered.This house was actually never registered as it was gifted by some Nizam ruler to my father's sister.My father's sister was childless so she adopted us as my mother died of heart attack.we have been living in the house for 20 yrs.After her husband died she promised that she will gift this property to my father as my father was her only brother my father's parents are dead.But because of her sudden death she was unable to do.
After her death my father married again.we are 2 bros and 1 sis and with my step mother we have 3 step brothers.Now my father is also dead, kindly advice me on these questions:
1). on whose name property will be registered is it my step mother or its me the eldest son of the family.
im a muslim and there is a place for shariah(islamic law)in indian law.
2).If in this scenario if my step mother files a case for her children's and as well as her part are there any possibilities of us losing our property.
A V Vishal
(Expert) 08 December 2010
Muslim law recognises two types of heirs, the first being Sharers, and the second being Residuaries.
A relative who is a Sharer will take a specified portion of the deceased's estate irrespective of anything else.
A relative who is a Residuary will take whatever is left over, once the Sharers have taken their specified shares.
The Sharers are 12 in number and are as follows:
(1) Husband, (2) Wife, (3) Daughter, (4) Daughter of a son (or son's son or son's son's son and so on), (5) Father, (6) Paternal Grandfather, (7) Mother, (8) Grandmother on the male line, (9) Full sister (10) Consanguine sister (11) Uterine sister, and (12) Uterine brother.
wife takes a one-fourth share in a case where the couple are without lineal descendants, and a one-eighth share otherwise.
If the deceased had left behind son(s) and daughter(s), then, the daughters cease to be sharers and become residuaries instead, with the residue being so distributed as to ensure that each son gets double of what each daughter gets.
Lineal descendants (such as sons) exclude brothers and sisters, and therefore, the share of brothers and sisters (whether full, consanguine or uterine) will become nil in the presence of such descendants.
