Muslim property right for women
Md Habib
(Querist) 24 August 2015
This query is : Resolved
I am Md. Habib from Assam. I want some legal help from your side.
Our grandfather expired 40(forty) years ago. After his death the property was distributed by our fathers among them and who sold most of their inherited properties and passed on it us the leftover of their shares.
Our aunts who are 80 years and 70 years of age at present and married since 64 years and 50 years respectively now claiming for their father’s property.
Could they claim for the property after so many years? If they can how much they are entitled and who are liable to pay them?
SAINATH DEVALLA
(Expert) 24 August 2015
Property rights of women differ for shias ans sunnis under muslim law.
Md Habib
(Querist) 24 August 2015
Dear Sir,
Think you for replying me.We are Sunnis and after death of our grandfather the property was distributed by our fathers among them in the year 1983-84 with legal procedure. At that time our aunts are never claimed their property.
SAINATH DEVALLA
(Expert) 24 August 2015
"For men is a share from what the parents and near relatives leave, and for women is a share from what the parents and near relative leave from less from it or more, a legal share."
A woman under Sunni law gets half the share of what the brother gets from the parents properties.
Rajendra K Goyal
(Expert) 26 August 2015
Consult local lawyer and show him documents / discuss facts in detail.
Md Habib
(Querist) 26 August 2015
Dear sir, thank you very much for your reply. The following points may kindly be clarified:
(1) Our grandfather died 40 years ago in the year 1974. He had 6 sons. Out of 6sons, the three elder sons had already expired in the year 1992, 1999 and 2006.
(2) Our two aunts, that is, grandfather's daughters who are 80 years and 70 years of age at present had been married since last 64 years and 50 years respectively.
(3) Our aunts had neither approached nor claimed any share of property from our grandfather who was alive till 1974.
(4) Even after our grandfather's death, the two aunts did never come and claim their shares from their three elder brothers,that is till 2006 and are now claiming their shares from the younger three brothers and seven nephews of their three deceased elder brothers.
May kindly clarify as to whether our aunts can now claim their shares from the three younger brothers and seven nephews, that is sons of their deceased brothers.
Md Habib
(Querist) 26 August 2015
Dear R K Goyal Sir,
Thanks for your suggestion.
Sir, Kindly refer your reply along with the suggestion for making consultation with local advovocates. Sir we have been consulting the matter n issue in particular with local advocates. But till this moment none of them have been able to give a proper n suitable opinion and d opinions differ with each other. Therefore ur valuable suggestion n opinion is kindly solicited on d issue.
