Muslim daughter share in mother's property
Jafar
(Querist) 17 August 2018
This query is : Resolved
Hi,
My name is Fatima and I am muslim married women. My father is very old and still alive but he cant see and speak anything.
My mother puchased a new property few years before and property is registered with my mother's name.
But my mother is died 2 years ago and my brothers are not allowing me to give the share in the property.
So I need clairifications for the few points below:
1 - Is there any share in my mother's property. If yes then how much?
2 - Is there any law and legal action for me to file a case against my brothers?
3 - In which scenarios,I will not be able to get the share?
Thank you.
Vijay Raj Mahajan
(Expert) 18 August 2018
The first person who inherit as class1 heir in Muslims is Spouse and the property of your deceased mother will devolve to your father. You brother has right to inherit property of your mother if your father was not living but during his lifetime he cannot claim it as his sole property.
P. Venu
(Expert) 18 August 2018
In my understanding, you are entitled for a share in the Late Mother's property; rather it is already vested. So too, are your father and brothers. The extent of property devolved upon the school you belong - whether Sunni or Shia.
