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Sayed Maqsood Ahmed   05 March 2022

ancestor property division

We are Muslim and our parents died long time ago without making any Will. We are 3 brothers and 2 sisters.
Our late dad had built a big bungalow which is registered in.his name
how can we claim heirship in this house.
kindly advice legal opinion how to proceed

Thank you in advance

Best regards
Sayed


Learning

 4 Replies

Shashi Dhara   05 March 2022

Islam doesn't recognise ancestral  ,so you children's along with mother daughter and sons I.e female and males according to gender  gets 1:2 share .

SHIRISH PAWAR, 7738990900 (Advocate)     05 March 2022

Hello,

Yes, son gets double the share of a daughter.

Palak batra   05 March 2022

Dear Querist,

 

Inheritance of property in Muslim law comes only after the death of a person, any child born into a Muslim family does not get his right to property on his birth. It recognizes two types of heirs, Sharers and Residuaries. 

 

Daughters cease to be sharers if sons are left behind. Daughters in such cases become residuaries. with the residue being so distributed as to ensure that each son gets double of what each daughter gets.

 

Under Indian Succession act, 1925 one can transfer the property by claiming a legal heirship certificate is issued to identify the living heirs of a deceased person whereas a succession certificate is issued to establish the authenticity of the heirs and give them the authority to inherit debts, securities and other assets that the deceased may have left behind.

 

Regards,

Palak

Sayed Maqsood Ahmed   06 March 2022

Dear Palak Madam,..

Many thanks for your valuable answer from legal point of view 

Best regards

Sayed 


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