Share in propeties (Muslim family)
Querist :
Anonymous
(Querist) 07 June 2011
This query is : Resolved
Dear Sir,
“A” married and got one son and after son born his wife died. A re-married his wife younger sister. From his 2nd wife he got 3 sons and 9 daughters. Now ‘A’ expired and left his properties i.e. agriculture lands and some residential properties also share in some ponds. Which some are from his father grandfather’s father (ancestral property) and some he himself did from his own earned. Now what is the actual share i.e. his 2nd widow wife, her 3 sons and 9 daughters and 1st wife son. Is 1st wife son will gate 50% share from those properties as he is claiming that I’m alone from my mother therefore, I will get half share from entire properties and half your mother, brothers and sisters also he sold some properties. How can I claim that sold property someone already build house and leaving. This family is belonging to Muslim in west Bengal so; I would like to know what the actual share for each member as per Mohammadan law in India. Please advice!!!
Many thanks and best regards
Raj Kumar Makkad
(Expert) 07 June 2011
Problem with you is that you are Muslim. had you been Hindu then whole property left by your father must have been divided in equal share among you all legal heirs means 1/10th in favour of each person including your step brother but as you are Muslim so the approach of your step brother is correct. He is duly entitled to inherit 50% share alone and your line can inherit only rest of 50%.
R.Ramachandran
(Expert) 08 June 2011
Please indicate whether you are a Shia or a Sunni. This is required since inheritance rules are different.
Further also indicate whether the son(s) of the deceased are married and have children (son / daugher).
Whether the deceased father has his father / mother (i.e. your grand father/grand mother)
On receiving the information, I shall try to give answer to your query.
Querist :
Anonymous
(Querist) 08 June 2011
Thank you Mr. Ramachandran Sir for your swift reply,
I'm sunni and all sons and daughters of the deceased are married and all of them having childrens.
my grand father, grand mother are expired before of my father.
please advice the actual share for each including my step brother.
Thanks
Querist :
Anonymous
(Querist) 08 June 2011
Thanks for your reply Mr. Raj Sir,
Actually before birth who knows you coming to muslim or hindu family this is decided by god only nothing in our hand. However, will appreciate if you can advice me that can i claim that property which my step brother have sold alraedy and the person build home and living there. if yes then how, also what is the actual share for each member for remaining properties. thank you sir for understaning my matter and waiting your reply.
