Wrong distribution of property
xxxxxxxxxx
(Querist) 29 February 2012
This query is : Resolved
Dear sir,
I'm a sunni muslim woman from AP. My parents have given all their property to their children in their lifetime. The share that I, as their daughter, have got is around 1/8th of what my brothers have got. What is the legal solution for this problem according to muslim property law?? Please advice.
Thanks.
Kirti Kar Tripathi
(Expert) 29 February 2012
you can claim the same according to personal applicable to you. the distribution made by parents will not applicable. it could be challenged.
Raj Kumar Makkad
(Expert) 29 February 2012
As the distribution has already been made during the life time of your parents and the same has become final so there is no possibility to disturb the already done distribution.
Kirti Kar Tripathi
(Expert) 29 February 2012
I do not agree with Mr. Makkad. Even if distribution is made during the life time, the daughter has a right to challenge the same if cause of action is within the period of limitation, as it is against the Muslim Law.
M.Sheik Mohammed Ali
(Expert) 29 February 2012
actually you will get afterlife time, but male shares is 2 shares female shares 1.
Deepak Nair
(Expert) 29 February 2012
Once the family settlement is duly accepted by all the members, then it is of no use the challenge the settlement.
Adv.R.P.Chugh
(Expert) 29 February 2012
How have they exactly distributed the property in the proportion that you mention - is it by way of a gift/a settlement deed ?
Shantilal Pandya
(Expert) 29 February 2012
There is no birth right recognized under muslim laws , one cannot anticipate inheritance during the life time of the holder of the property . IE. spes successionis (the chance to inherit) is not recognized under the muslim law the property have been settled by the owner thereof during their life time there fore you are not entitled to any interest in the property.
Raj Kumar Makkad
(Expert) 29 February 2012
#Kar
Under Muslim law, if a family settlement is duly made, there is no chance to disturb it so my reply is still accurate.
Sankaranarayanan
(Expert) 29 February 2012
yes no one have legal right to disturb them for this matter.
Rajeev Kumar
(Expert) 29 February 2012
Nothing remains to add more.
Kirti Kar Tripathi
(Expert) 29 February 2012
I do not agree, It is not family settlement. Under the muslim law, parents can not deprive their legal heirs from their rights as provided under the shariyat law. Any distribution made against the shariyat law is illegal. Neither any settlement nor otherwise, the right of a legal heir can be denied.
Kirti Kar Tripathi
(Expert) 29 February 2012
Mr.Khaleel
you are requested to throw light on this issue.
prabhakar singh
(Expert) 29 February 2012
A muslim according to his personal law of property and succession not allowed to testate more than 1/3rd of his property by will or by even a deathbed gift unless shearers fixed in Quran agree to such an arrangement,hence you have right to move to court for your share claim.
