partition under muslim law
manoj r. dubey
(Querist) 12 June 2011
This query is : Resolved
THIS A CASE OF MUSLIM FAMILY.FATHER HAS EXPIRED LIVING BEHIND 2 SHOP AND ONE ROOM IN BANDRA. THE LEGAL HEIRS ARE HIS WIFE AND 3 SONS AND 5 DAUGHTER WHO ARE MARRIED.
NOW THE QUESTION IS AS FOLLOW
1) 2 SONS ARE NOT READY TO GIVE SHARE IN THE PROPERTY, WHAT CAN BE DONE, MOTHER IS READY?
2) CAN THE DAUGHTER ASK FOR SHARE EVEN IF THEY ARE MARRIED, HOW?
3) CAN MOTHER EXECUTE SUCH DOCUMENT NOW SO THAT EVERYONE CAN GET THEIR SHARE BEFORE SHE DIES?
PLZ HELP ME OUT BECAUSE IT IS A CASE OF MUSLIM PROPERTY.
prabhakar singh
(Expert) 13 June 2011
THERE IS NO DISTINCTION IN MUSLIM LAW OF INHERITANCE BETWEEN ANCESTRAL AND SELF ACQUIRED PROPERTY AND BIRTH RIGHT IS ALSO NOT RECOGNIZED AS AMONG HINDUS.
THERE ARE 3 CLASSES OF HEIRS1)"SHARERS",WHO ARE ENTITLED TO PRESCRIBED SHARE OF THE INHERITANCE,
2)"RESIDUARIES"WHO HAVE NO SHARE PRESCRIBED BUT GET ONLY WHAT IS LEFT AFTER GIVING THE PRESCRIBED SHARE OF SHARERS ,AND LASTLY,
3)"DISTANT KINDARED"ARE ALL THOSE RELATED BY BLOOD BUT THEY ARE NEITHER SHARERS NOR RESIDUARIES.
AND THAT THERE IS NO PRESUMPTION OF JOINT FAMILY AS IT GOES AMONG HINDUS.
SO IN THIS BACK GROUND OF MUSLIM INHERITANCE LAW, IN WHICH YOU ARE TO LOOK UPON THE FACTS OF YOUR CASE.
HERE IN YOUR GIVEN CASE MOTHER(being widow of deceased)IS IN THE CLASS OF SHARES,AND HER FIXED SHARE IS 1/6th',
HERE IN YOUR PARTICULAR CASE 3 SONS AND 5 DAUGHTERS ARE "RESIDUARIES"ENTITLED TO GET WHAT IS LEFT,THAT IS (1-1/6=5/6),BUT SONS WILL GET DOUBLE OF THE SISTERS.SO "5/6" BEING "RESIDUE" LEFT AFTER SATISFYING MOTHERS'FIXED SHARE OF 1/6 SHALL BE SO DIVIDED AMONG SONS AND DAUGHTERS THAT SONS GET DOUBLE OF DAUGHTERS.
NOW ANSWER TO YOUR QUESTIONS:
1)FILE A SUIT OF PARTITION ON BEHALF OF DAUGHTERS,AGAINST SONS AND MOTHER.
2)YES!
3)NO!IF SHE CAN WRITE ANY THING AT ALLTHAT IS ABOUT THE 1/6th SHE HAS INHERITED,THAT TOO ACCORDING TO MUSLIM LAW.
YOUR ONLY REMEDY IS TO FILE A SUIT OF PARTION,AS TOLD ABOVE.
M.Sheik Mohammed Ali
(Expert) 13 June 2011
yes, you can file partition suit, and actually all women shares in the property is 1/6 and man (boys) 2/6 shares. once again verify.
R.Ramachandran
(Expert) 13 June 2011
While I agree with the Broad principles of Muslim inheritance indicated by Mr. Prabhakar, I have to add the following:
1. One has to very clearly know whether inheritance is to be considered under Shia or Sunni Muslim Law. For, the inheritance is different under each of these laws.
2. It is not enough, if one knows about the immediate family like father, mother, sons and daughters. It is also necessary to know about the presence or absence of other relatives of the deceased.
Only after fully knowing the complete details, it will be possible to indicate the share that will go to each of the entitled parties.
In any case, I have attached the Inheritance table under Sunni and Shia Muslim LAw.
