Son right on fathers property in muslim
mabusubhani
(Querist) 10 December 2019
This query is : Resolved
Respected Sir/Madam
My Father Retired state Govt. Employee.Recently He was died.In his life time he was done gift deed to my sister (unmarried) one house which his own property. Now another house is on his name.Now i deiced to join my home. but my mother and sisters oppose me, and do some allegation on my wife.My mother received family pension.Now what is my position.house consists 6 rooms.can i asks share in family pension.i do part time job my age is 45 years.can i take police aid to join in my home or can file complaint on my mother and sisters
mabusubhani
(Querist) 10 December 2019
Respected Sir/Madam My Father Retired state Govt. Employee.Recently He was died.In his life time he was done gift deed to my sister (unmarried) one house which his own property. Now another house is on his name.Now i deiced to join my home. but my mother and sisters oppose me, and do some allegation on my wife.My mother received family pension.Now what is my position.house consists 6 rooms.can i asks share in family pension.i do part time job my age is 45 years.can i take police aid to join in my home or can file complaint on my mother and sisters
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Sb Karma
(Expert) 11 December 2019
If you only looking through Muslim concept...then according to Quran you get following concept....
but i will suggest to hire local prudent lawyer to assist you.....
he will know your facts best...may be there is will available with your mother and sister where your father mention your no presence in this house...or may be eject you from that property on any valid grounds......
so all facts needed to know first......and it can only be done by local lawyer.....so assist local lawyer
if according to quran...then read follow
There are six fractions of shares mentioned in the Quran: viz;
2/3, 1/2, 1/4, 1/8, 1/3, 1/6.
The 2/3 share is
for two or more daughters;
for two or more son’s daughters;
for two or more sisters;
for two or more half- sister;
The 1/3 share is
for two or more of mother’s children;
for the mother in the absence of child, or son’s child or two or more brothers or sisters;
some times for the grand father when there are brothers and sisters,
The 1/2 share is
For one of the four sets of females mentioned above when she is alone.
for the husband when his wife leaves no issue.
The 1/4 share is
for the husband when the wife leaves children;
for the wife when the husband leaves no children
The 1/8 share is
for the wife when her husband leaves children
The 1/6 share is
for the father when the deceased leaves children;
for the grandfather;
for the mother when the deceased leaves children or two or more brothers and sisters;
for the grandmother when the deceased leaves children or two or more brothers and sisters;
for the son’s daughter when the deceased has one daughter;
for one or more half – sisters when there is a sister
for two or mother’s children;
When a father and spouse are alive, after assigning the respective shares due to them, One Third of the Remainder will be assigned to the mother.
The portion assigned to the wife has to be shared equally by two or three of four wives.
mabusubhani
(Querist) 12 December 2019
Can Daughters ( Un Married & Married) file partition suit of fathers property(House).Un Married daughter take one house by Gift deed.Now one house is on my father name they ( Daughters wants to divide that house) mother is alive and she is family pensioner( According to Muslim Law)
J K Agrawal
(Expert) 13 December 2019
Thanks to Mr Karma for a detailed reply.
Generally a father can gift his self acquired property to any body and that is valid. (however Muslim Law contains some condition upon gift and its validation so it is required copy of deed for better advise.)
After gift, your sister can claim share in house,
You as well She can file a suit for this.
In General you will get 1/2 of the property and 1/4 your sister and 1/4 your mother but is is not an absolute advise. There are so many ifs and buts. A proper advise possible by looking at your entire family background and the sect you profess under muslims.
