dastagiri 04 January 2015

Partition deed in muslim family - is it valid?

Dear Sirs,

I am 78 yrs old teacher belonging to Noorbash(muslim) and I have properties inherited from my father and self earned in Anantapur district of Andhra Pradesh. I run an orphan school in my village which is residential and there are about 50 students studying freely here. I have 4 children 1 daughter and 3 sons. My sons forced me to have a partition of the properties done and the partition took place in 2011 on an understanding that they will clear off the debts and personal loans which are incurred on running the above said school, that are there on my name. After the partition was executed between me, my wife and my 3 sons( my daughter was not included as she is out of the country) and the deed was registered in a sub-registrar office, my 1st son who is a doctor and associate professor in a medical college and last son who is a lecturer in a Govt degree college, started troubling me and my 2nd son who is taking care of me and my wife. They are not holding any responsibility of the loans and filed a case against me stating that I don't have any right on the property as it is partitioned. The area of 4 acres in which I run the school is on my name but with limited rights as per the registered document. The remaining land is all distributed to them.

As I came to know that as per Mohammedan law I still have rights on the property and the registered document may also be void, I seek your highness's help, suggestion and any judgement copy saying that I still have the rights on the total property, I will be very thankful to you. Please suggest me .

With Regards,

Mr.D

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2 Replies

Jai Karan Nagwan (consultant) 04 January 2015

First of all Sir, please accept my high regard for great Nobel work and real service to nation. Further question about your right after making partition, I opine that you are thinking right and your right is not extinguished after making portion, reason that under Muslim Law there is no concept like Hindu undivided family property, hence no provision for partition, so Partition which took place against the Muslim Law is null and void. Please appreciate Inheritance / succession in Muslims opens on the death of the father only& that to with very pious conditions I. E. repayment of loan or debt and funeral expenses. Son, grandson etc can not lay any claim on father property during his lifetime is the advantage under Muslim Law, at the same there is disability for making any bequest which can not exceed beyond 1/3 share without consent of heirs.

dastagiri 12 February 2015

Dear Sir Jai Karan Nagwan,

Thank you so much for the response and understanding the agony behind bringing up the poor,downtrodden children. As I am a old man not regular to internet, I got to see your message just now. Sir, since my two sons have filed a case, can we have any kind of judgement at the supreme court stating that the partition under muslim family is void, which will be useful as a supporting document for me to present at the court here. If we need to pay some fees for getting that judgement copy , I am prepared for it.

I will be indebted to you if you can help me in this. Thank you sir,

Yours sincerely,

M.dastagiri