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Shahidha Malik   18 June 2018

claiming my grandfathers property

Hi ..

My grandfather had 2wives and 1st wife had one kid who is my father(no more now) whereas 2nd wife has 3 children( 1 male, 2 female). both the wives are not alive. how much share should my father get.

total property : 9500 sq.ft. of which a house was built by grandpa which comes around 2200 sq.ft. my grandpa promised in front of everyone that my father should be getting 4500 sq.ft land alone and no house .my 2 aunties 1200 sq.ft each. but when we go and ask now they are telling to get 1200 alone and run away. what can I do now.please suggest..


Learning

 8 Replies

R.Ramachandran (Advocate)     18 June 2018

The oral wish of your grandfather will have no validity now.

Therefore the entire property has to be divided in 4 equal share (1 for you, 1 for your step brother and 1 each for your step sisters).

This will be final.

You can straight away file a suit for partition demanding your 1/4th share.  For this approach a local lawyer who is well versed in property law.

Shahidha Malik   18 June 2018

thanks for ur prompt response. partition includes house as well as land. am I right? I want to know a more about this case. as we are Muslims can shariyath law be applied here. it states that male kids of parents enjoy half the share of the property whereas the female kids have to enjoy the divides of remaining share. kindly let me know.

Shahidha Malik   18 June 2018

also we don't know whether it's oral will or registered will. they have all the docs and they are simply telling that they have only property docs

Shahidha Malik   18 June 2018

also... the house which was built by grandpa was divided and rented for which rent come around 15k every month. they have been enjoying it for 30 long years. my father was so generous and he trusted them so blindly that he didn't ask anything.

R.Ramachandran (Advocate)     18 June 2018

It is your mistake in not telling that the matter relates to Muslims.

You have to give details like in which year the first wife died

In which year your father died

In which year your step-mother died

Only after knowing this a broad picture can be given.

In any case, since there are lot of details which only you know, which you will not be able to discuss in this LCI, you have to get in touch with a lawyer in your area who is well versed in property law (especially muslim law) and discuss the matter with him in detail.  Thereafter, you have to take appropriate legal steps.

Raghav Arora   18 June 2018

Hi! Thanks for the question!

Firstly, As per the Hindu Succession Act, as all the children are legitimate, your father has right over 1/4th of the total property if there is no will written by your grandfather, be it a self-acquired or an ancestral property of your grandfather.

Secondly, A verbal will has no validity if it has not been reduced to writing and duly executed during the lifetime of the deceased, thus what you grandfather said would, unfortunately, be of no use to you. Such wills are only enforceable in rarest of rare cases where it can be proved to that extent.

Lastly, Your aunts cannot decide how the property will be disposed off. You can file a partition suit and claim the part of the property that legally belongs to your father i.e 2375 sq.ft out of the total 9500 sq. ft property.

Good Luck!

Kumar Doab (FIN)     18 June 2018

The querist has clarified that all involved are muslims.

Raghav Arora   18 June 2018

As you have disclosed that you are a Muslim, this would help you get a clarification on the matter, however, you will need to engage a proper lawyer who is an expert in Muslim Laws. 

This is the basic partition break up under Muslim Personal Laws in India - 

  • SHARERS - they are entitled to a prescribed share of the inheritance. In case of a man’s property, his wife/wives are the sharers of his property. The wife is allowed to inherit a fixed share from the property of the husband which is 1/6th of the total share.
  • RESIDUARIES - who do not have any prescribed share in the inherited property but they are eligible to inherit whatever is left after giving away the part of sharers. The children, both sons, and daughters are residuary in the father’s property. A daughter is allowed to take her share in the partitioned property irrespective of her marital status. They are to distribute the remaining 5/6th part of the property among themselves. The share of the son and the daughter are in the ratio of 2:1. The son is entitled to double the amount of property than the daughter.
  • DISTANT KINDRED - are all those people who are related to blood to the property owner but do not fall into the category of sharer or residuary. There right is not ipso-facto present on the property, but needs to be proved.

https://lawrato.com/property-legal-advice/widows-share-in-her-husbands-property-under-muslim-law-43555

Go through the link once to get more clarification about the same. As the information provided by you is still not enough, the portions of each member cannot be ascertained. So again, an expert in Muslim law if your best course of action here. Good Luck!


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