Property( muslims)
shaik. Muneer Basha
(Querist) 01 May 2013
This query is : Resolved
A property is entitled in the name of mother she has 4 sons and 3 daughters, out of these 7 the first 5, has taken some consideration for the relinquishment of their rights from the concern property
now the mother died
what would be the position of remaining two,
prabhakar singh
(Expert) 01 May 2013
As mother, who had 4 sons and 3 daughters was owner,the right of sons or daughters as sharers or residuary opens only after death of the mother.
There could not be any legal relinquishment surmising any chance of succession.So it would be called only a gentleman promise not legally enforceable by any suit.
But parties can keep their promises carried here now by creating suitable deeds of relinquishment or gift deed or of other kind of inter vivos transfer deeds.
Raj Kumar Makkad
(Expert) 01 May 2013
Legally two sons have no exclusive claim over the properties left by their mother. Law of Succession as per Muslim Law shall prevail in the given facts.
