Partition of property under muslim law
Mahmood Khan
(Querist) 28 November 2012
This query is : Resolved
we are two brothers and 4 sisters and my father and mother have expired the partition is not done yet. I have no children so does my share in my fathers property will go to my brothers male child
prabhakar singh
(Expert) 28 November 2012
In Muslim law there are fixed sharers.If facts are correctly stated then sons(brothers) will take double of daughters(sisters)
If you want to give your share to sons of your brother then you can gift it orally to them by giving up possession which they shall accept,if major,else your brother shall on their behalf when they are minor.A yaddasht in writing can be also prepared therefor.No registration required in a Muslim case.
prabhakar singh
(Expert) 28 November 2012
your share can not go to them unless you give it to them by sale or gift.
Raj Kumar Makkad
(Expert) 28 November 2012
In the given case after deducting the Kuranic liabilities of your parents means the expenses incurred on their funeral etc., any liability/loan/parental loan etc. the entire balance property shall be divided as under:
4 Sisters jointly in equal share: 33.33%
You : 33.33%
Your brother: 33.33%
