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salman kurshi (Business)     03 July 2012

Does women have equal rights in mother property

Hi All,

 

I need your valuable advise on property of my mother, We are two borthers and two sisters.

my mother owns one house and two plots. my mother died 18 years back. my two brothers

are staying in that house from last 20 years.my sister and me asked for property share

 in 2008 and my brothers  are not responding from last four years , I learnt through land revenue records online based on house address that  the property has been  partitioned among my brothers equally in 2009. I also confirmed with my brothers and they responsed the same.

Can I take any legel action. Do I am eligible for property share? I belong to hindu family  and bron  in 1956.

Thanks.



Learning

 3 Replies

Sanyam Malhotra (Advocate)     04 July 2012

if the property was to be distributed equally amongst all the children being ancestral or in the absence of a will then you can get the partition reopened and claim your due. 

salman kurshi (Business)     05 July 2012

Thanks Sanyam for your reply, I belong to Andhra Pradesh state and bron in 1956 and married in 1975 .Does it matter state and DOB for equal rights in mother property?I heard  through my friend that if you bron after 1980(did remember exact year) then only I get share in property.What are the chances of getting share if I file case in court? If chances are very bright that getting share in my mother property then I am ready to file case in court.

Thanks again for your reply.


(Guest)

Dear Salman,

So far as your case is concerned, you are governed by Muslim Personal Law.

The Muslim law of succession is a codification of the four sources of Islamic law, which are (1) The Holy Koran itself, (2) The Sunna — that is, the practice of the Prophet, (3) The Ijma — that is, the consensus of the learned men of the community on what should be the decision on a particular point, and (4) The Qiya — that is, an analogical deduction of what is right and just in accordance with the good principles laid down by God.
Muslim law recognises two types of heirs, the first being Sharers, and the second being Residuaries.
The Holy Book in Sura 4 Verse 7 says, "From what is left by parents and close relatives, there is a share for men and a share for women, whether the property left behind be small or large — and this share shall be fixed."
The Sharers are 12 in number and are as follows:
(1) Husband, (2) Wife, (3) Daughter, (4) Daughter of a son (or son's son or son's son's son and so on), (5) Father, (6) Paternal Grandfather, (7) Mother, (8) Grandmother on the male line, (9) Full sister (10) Consanguine sister (11) Uterine sister, and (12) Uterine brother.
For instance, a wife takes a one-fourth share in a case where the couple are without lineal descendants, and a one-eighth share otherwise. A husband (in the case of succession to the wife's estate) takes a half share in a case where the couple are without lineal descendants, and a one-fourth share otherwise.
A sole daughter takes a half share. Where the deceased has left behind more than one daughter, all daughters jointly take two-thirds. However, these two rules apply only in cases where the deceased has left behind no sons.
If the deceased had left behind son(s) and daughter(s), then, the daughters cease to be sharers and become residuaries instead, with the residue being so distributed as to ensure that each son gets double of what each daughter gets.
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