Dispute in father porperty
mohammed ali
(Querist) 26 November 2012
This query is : Resolved
muslim family satys in Bangalore pls help me in the subject bcoz we had intellectuality issues in father property
my father married 3 times
first wife had 2 children's 1 son & 1 daughter .... 2nd wife had 3 children's 2 son & 1 daughter .... 3rd wife had 2 children's 1son & 1 daughter ..
now issue is both of the earlier 2 wives are passed away
now 1st wife son has filed case saying whole property belongs to him could any one advice what we can do in this case how can be shared the property b/w 7 members ..
most important point is my father did not made any will about property ...
R.K Nanda
(Expert) 26 November 2012
is ur father alive?
Raj Kumar Makkad
(Expert) 26 November 2012
*Nand! What is the need to ask the question from the querist which you have raised when he is saying that my father has not left any will. This means his father is no more.
Raj Kumar Makkad
(Expert) 26 November 2012
*Querist! In a case before Karnataka High Court in Smt. Ashabi vs Smt. Faziyabi And Ors. (ILR 2004 KAR 3599) "A person who according to Muslim law is an heir of the deceased remains so and gets his legal due. He or she cannot be excluded either by other heirs and survivors of the deceased or even under a specific direction left in that behalf by the deceased himself. One can be excluded from inheritance only under a rule of Muslim law, if applicable in India. It is also well settled that only that relative can be an heir of the deceased who is alive at the moment of the latter's death. A person who died before the deceased cannot be his heir……………….It is a well- recognised proposition of law that the estate of a deceased Mohammedan devolves on his heirs in specific shares at the moment of his death."
Inheritance is an integral part of Shariah Law and its application in Islamic society is a mandatory aspect of the divine teaching of Islam. Muslims inherit from each other as stated in the Qur'an: “ لِّلرِّجَالِ نَصيِبٌ مِّمَّا تَرَكَ الْوَالِدَانِ وَالأَقْرَبُونَ وَلِلنِّسَاء نَصِيبٌ مِّمَّا تَرَكَ الْوَالِدَانِ وَالأَقْرَبُونَ مِمَّا قَلَّ مِنْهُ أَوْ كَثُرَ نَصِيبًا مَّفْرُوضًا ” {“4:7 There is a share for men and a share for women from what is left by parents and those nearest related, whether, the property be small or large - a legal share.“} [An-Nisa 4:7] Hence, for Muslims in India there is a legal share for relatives of the deceased in his estate/property. When a person dies there are four rights that need to be performed his property:
1. Pay his/her funeral and burial expenses
2. Pay his/her debts
3. Execute his Will/bequest (max 1/3 of his/her property)
4. Distribute remainder of his/her estate/property according to Shariah Law
In relation to inheritance, Mohammad said: Narrated Ibn 'Abbas: “The Prophet said, "Give the Fara'id (the shares of the inheritance that are prescribed in the Qur'an) to those who are entitled to receive it. Then whatever remains, should be given to the closest male relative of the deceased." Thus it can be seen that under Muslim Law no stranger outside the family shall succeed under Shariat Law of Inheritance or Under Quranic Commands.
mohammed ali
(Querist) 27 November 2012
thanks for the replay rajkumar ,,
but now as stated that first wife son has acquired the property leagaly now saying no share will be divided whole property is belong to him wt can do in further this how we can get our share
Raj Kumar Makkad
(Expert) 01 December 2012
you try to file a civil suit for partition and possession an d let the court decide.
