Property rights in muslim property law
Danish Siddiqui
(Querist) 29 January 2013
This query is : Resolved
My mother has a parental property in Indore worth Rs 10000000. They are 3 brothers and 3 sisters including my mother. My mother's three brothers are staying in the property and have the possession of the property. Now my mother wants her share in the parental property for which brothers are not ready as they have the possession of the property and enjoying the benefits. She is thinking of putting a suit in court for her parental property claim. I have few questions on the same
1) What will be my mother's share in entire property as per muslim property law? I think it will be 11.11% but just wanted to confirm
2)What will be the court fees my mother has to pay to file the suit? Whether it will be on the entire cost of the property or only her share of property as per muslim property law.
3) Whether there is any relaxation in court fees for senior citizen women with no income.
4) What will be the right court to file the suit ? District court? High Court?
5) We are two brothers and have their own houses one in Indore and one in Mumbai, both of us are earning well, my father is a retired govt servant and getting his pension, and my mother has no income. Considering all these facts can my mother claim her share in the parental property or the claim will get rejected based upon above information.
6) Against whom the claim will be filed in court.
My grandparents has not left any will for any of the members in the family and my maternal uncles have the possession of the property.
Appreciate if anyone can provide me guidance on all the above question point by point.
Appreciate this forum, appreciate your help on the same
Adv.R.P.Chugh
(Expert) 30 January 2013
1. Mother's actual share in absence of other relatives is 1/9th, and that is the share of each daughter. Son's get 2/9th each.
2. She can file a suit for partition - Court fees attracted would be as per her share of the property.
3. Relaxation if she does not have property (other than the present one) She can file it as an indigent. However once she gets her share she'd have to pay. For purposes of seeing indigency her own personal property would be considered.
4. Check with an MP Advocate
Suit for partition making all her brothers/sisters parties.
Good Luck !
Danish Siddiqui
(Querist) 05 February 2013
Thanx for your quick reply. Our house in Indore is in my mother's name. Will it affect the partition suit process against the brothers and sisters? What are the chances of getting a rejection of partition suit considering my mother already own a property but doesn't have any income ?
Raj Kumar Makkad
(Expert) 13 February 2013
partition suit shall not be affected in the given facts.
