Property rights in muslim property law
Danish Siddiqui
(Querist) 29 January 2013
This query is : Resolved
My mother has a parental property in Indore worth Rs 10000000. They are 3 brothers and 3 sisters including my mother. My mother's three brothers are staying in the property and have the possession of the property. Now my mother wants her share in the parental property for which brothers are not ready as they have the possession of the property and enjoying the benefits. She is thinking of putting a suit in court for her parental property claim. I have few questions on the same
1) What will be my mother's share in entire property as per muslim property law? I think it will be 11.11% but just wanted to confirm
2)What will be the court fees my mother has to pay to file the suit? Whether it will be on the entire cost of the property or only her share of property as per muslim property law.
3) Whether there is any relaxation in court fees for senior citizen women with no income.
4) What will be the right court to file the suit ? District court? High Court?
5) We are two brothers and have their own houses one in Indore and one in Mumbai, both of us are earning well, my father is a retired govt servant and getting his pension, and my mother has no income. Considering all these facts can my mother claim her share in the parental property or the claim will get rejected based upon above information.
6) Against whom the claim will be filed in court.
My grandparents has not left any will for any of the members in the family and my maternal uncles have the possession of the property.
Appreciate if anyone can provide me guidance on all the above question point by point.
Appreciate this forum, appreciate your help on the same
Anirudh
(Expert) 29 January 2013
You are absolutely right. Your mother's share will be 11.11%.
While filing suit for partition, she needs to remit the court fee only on the value of the share that will come to her.
You have to file the partition suit in the Indore District Court.
None of the other things (that you own property or that you sons are well settled etc.) will affect the claim of your mother for a share in her parental property in any manner.
All the bests.
Danish Siddiqui
(Querist) 29 January 2013
Thank you so much Sir for your immediate reply. Can you please help me with the below questions as well.
1) As a senior citizen will she get any relaxation in the court fee as she is a housewife and dint have any income? if not what is the court fee percentage we have to pay for partition suit.
2) Against whom the suit will be filed? All 5 brother & sisters or only 3 brothers
Anirudh
(Expert) 29 January 2013
Against all the brothers and sisters.
I do not know whether there is any concession in court fee for senior citizen. This you can check up at local level.
Danish Siddiqui
(Querist) 05 February 2013
Thanx for your quick reply. Our house in Indore is in my mother's name. Will it affect the partition suit process against the brothers and sisters? What are the chances of getting a rejection of partition suit considering my mother already own a property but doesn't have any income ?
Anirudh
(Expert) 10 February 2013
The main question is not whether or not your mother has any other property in her name.
The main question is whether she is entitled to a share in the parental property. I have already given an answer to this. Her having other properties in her name has nothing to do, nor it will create any problem, in claiming her rightful legal share from her parental property.
