Muslim law
Dr.Gaurang N. Gandhi
(Querist) 20 September 2012
This query is : Resolved
A & B ARE BROTHERS.
'A' died instated left his wife and four daughters O,P,Q,R behind him.
all were living in one house in name of A.
B died left only one male heir X.
X married with P.
now how to divide the share in the said house?
R says the house was purchased by A from her grand father Z.
while X says that Z had donated the house to him (X) by oral gift.
Both side no documentary evidence available.
The property is situated in an interior village so no past record could be found.
Both parties X And R want to sue against each other how to resolve the problem?
In Gram panchayt form No 2 is in favor of A and Tax Bill shows X name.
R married and living in the same house on other part.
X married with P and also living in the same House.
Can X succeeds if file suit?
Khaleel Ahmed Mohammed
(Expert) 20 September 2012
X can not succeed the case if he pleads on the ground of oral gift. Z the donor can not donate the entire house under oral gift or written gift more than one third of the total property of the donor to any heir.
Partition suit have to be filed in present circumstances. The total property will be divided in two parts. Part one for A's successors and other part for B's successors.
The share of the X will be half of the property. A's property will be divided in according to 1:2 Two shares for each male one for female.
