Property distribution as per muslim law board
Afreen Hina
(Querist) 25 November 2012
This query is : Resolved
Hello All,
I would like to know the procedure of Muslim family prop. distribution as per sharia.
As my father have not taken any property distributed after my grandfather's death.and the rest of 3 uncles are enjoying the business and rest property without any shared rights and not ready to distribute the property accordingly.my father has only 3 daughters including me which might have the advantages for my uncles as they have sons. we want our property rights and want to move out from there.please advice what action we can take legally URGENT!!!!!
Raj Kumar Makkad
(Expert) 25 November 2012
When every a person dies his property is distributed amongst his family.The laws of inheritance are different for sunni and shia. Under both of these sects first the quranic shares are given to father, grandfather, husband, wife, mother and daughter. There is no quranic share for the son. The son always gets twice that of the daughter. So the ratio is 2:1. Under sunni law the male descendants or ascendants are given preference .
This means that if the propositus dies leaving behind a daughter and a brother, the daughter would receive her quranic share and the rest of it would got to the brother. In shia law however there is a class system. The people in the first class override those in the second class. The daughter is in the first class and the brother in the second class. So in the same situation the daughter would take everything overriding her uncle.
Therefore under the shia sect the male is not given preference. Even the daughter's daughter would outweigh the brother of the deceased. This is the basic difference of how the property is distributed under the two sects.
Afreen Hina
(Querist) 25 November 2012
As per ur ques.There is no property distribution has done yet,My grand pa had a ready made garments business which is looked after by two uncles in sharing before and after his demise.My dad and one uncle does not get any thing out of it neither they pay us the rent for acquiring the whole shop n go down.Uncle who does not runs the business is using granpa's other residential property as his workshop and is least bothered as his kids are very young.My uncles who got the business are not even co-operating in selling the other prop. of grandpa.Uncles have already bought plots for themselves from the profit out of business.My father is 4 brother n 2 sisters all are married.Sisters are elder to my father and 3 uncles are younger to him.kindly help as my dad is simple enough to get his rights and we as a family have to struggle for the things.I am feeling helpless as a daughter to stand in front of my uncles for my dad's rights.My father left d family business as grandfather always did partiality to him now its been 14 yrs he is working with a automobile dealership from which he earns not enough to fulfill his responsibility towards his family as he has to do marriage of his 3 daughters.kindly suggest as per Sunni law.
thanks in advance.
Anirudh
(Expert) 26 November 2012
Please indicate the following:
1. Where is the property / business situated
2. When did your grand father die?
3. Whether your grand mother was alive when your grand father died?
4. Apart from your uncles, do you also have any aunt(s) (i.e. sister of your father)? If so how many of them?
5. In case of need, whether your father and the other uncle will approach the Court of law?
Raj Kumar Makkad
(Expert) 26 November 2012
In the light of your subsequent facts, I am of the opinion that your father should file a civil suit for partition of thhe properties as Shria law and I do hope that share of your father cannot be grabbed by any other legal heir of your grandpa/
